Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 740
       
       
       
       
       
       
                                Ì615634+Î615634                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/19/2018           .                                
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       The Committee on Appropriations (Stargel) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (c) of subsection (6) of section
    6  193.461, Florida Statutes, is amended to read:
    7         193.461 Agricultural lands; classification and assessment;
    8  mandated eradication or quarantine program.—
    9         (6)
   10         (c)1. For purposes of the income methodology approach to
   11  assessment of property used for agricultural purposes,
   12  irrigation systems, including pumps and motors, physically
   13  attached to the land shall be considered a part of the average
   14  yields per acre and shall have no separately assessable
   15  contributory value.
   16         2. Litter containment structures located on producing
   17  poultry farms and animal waste nutrient containment structures
   18  located on producing dairy farms shall be assessed by the
   19  methodology described in subparagraph 1.
   20         3. Structures or improvements used in horticultural
   21  production for frost or freeze protection and screen enclosed
   22  structures used in citrus production for pest exclusion, which
   23  are consistent with the interim measures or best management
   24  practices adopted by the Department of Agriculture and Consumer
   25  Services pursuant to s. 570.93 or s. 403.067(7)(c), shall be
   26  assessed by the methodology described in subparagraph 1.
   27         Section 2. Paragraphs (b), (d), and (i) of subsection (5)
   28  of section 379.361, Florida Statutes, are amended to read:
   29         379.361 Licenses.—
   30         (5) APALACHICOLA BAY OYSTER HARVESTING LICENSE.—
   31         (b) A No person may not shall harvest oysters from the
   32  Apalachicola Bay without a valid Apalachicola Bay oyster
   33  harvesting license issued by the City of Apalachicola Department
   34  of Agriculture and Consumer Services. This requirement does
   35  shall not apply to anyone harvesting noncommercial quantities of
   36  oysters in accordance with commission rules, or to any person
   37  less than 18 years old.
   38         (d) The City of Apalachicola Department of Agriculture and
   39  Consumer Services shall collect an annual fee of $100 from state
   40  residents and $500 from nonresidents for the issuance of an
   41  Apalachicola Bay oyster harvesting license. The license year
   42  shall begin on July 1 of each year and end on June 30 of the
   43  following year. The license shall be valid only for the
   44  licensee. Only bona fide residents of the state Florida may
   45  obtain a resident license pursuant to this subsection.
   46         (i) The proceeds from Apalachicola Bay oyster harvesting
   47  license fees shall be deposited by the City of Apalachicola into
   48  a trust account in the General Inspection Trust Fund and, less
   49  reasonable administrative costs, must shall be used or
   50  distributed by the City of Apalachicola Department of
   51  Agriculture and Consumer Services for the following purposes in
   52  Apalachicola Bay:
   53         1. An Apalachicola Bay oyster shell recycling program
   54  Relaying and transplanting live oysters.
   55         2. Shell planting to construct or rehabilitate oyster bars.
   56         3. Education programs for licensed oyster harvesters on
   57  oyster biology, aquaculture, boating and water safety,
   58  sanitation, resource conservation, small business management,
   59  marketing, and other relevant subjects.
   60         4. Research directed toward the enhancement of oyster
   61  production in the bay and the water management needs of the bay.
   62         Section 3. Paragraphs (a), (b), and (i) of subsection (1)
   63  of section 487.041, Florida Statutes, are amended to read:
   64         487.041 Registration.—
   65         (1)(a) Effective January 1, 2009, Each brand of pesticide,
   66  as defined in s. 487.021, which is distributed, sold, or offered
   67  for sale, except as provided in this section, within this state
   68  or delivered for transportation or transported in intrastate
   69  commerce or between points within this state through any point
   70  outside this state must be registered in the office of the
   71  department, and such registration shall be renewed biennially.
   72  Emergency exemptions from registration may be authorized in
   73  accordance with the rules of the department. The registrant
   74  shall file with the department a statement including:
   75         1. The name, business mailing address, and street address
   76  of the registrant.
   77         2. The name of the brand of pesticide.
   78         3. An ingredient statement and a complete current copy of
   79  the labeling accompanying the brand of pesticide, which must
   80  conform to the registration, and a statement of all claims to be
   81  made for it, including directions for use and a guaranteed
   82  analysis showing the names and percentages by weight of each
   83  active ingredient, the total percentage of inert ingredients,
   84  and the names and percentages by weight of each “added
   85  ingredient.”
   86         (b) Effective January 1, 2009, For the purpose of defraying
   87  expenses of the department in connection with carrying out the
   88  provisions of this part, each registrant shall pay a biennial
   89  registration fee for each registered brand of pesticide. The
   90  registration of each brand of pesticide shall cover a designated
   91  2-year period beginning on January 1 of each odd-numbered year
   92  and expiring on December 31 of the following year.
   93         (i)Effective January 1, 2013, all payments of any
   94  pesticide registration fees, including late fees, shall be
   95  submitted electronically using the department’s Internet website
   96  for registration of pesticide product brands.
   97         Section 4. Paragraph (a) of subsection (6) of section
   98  493.6105, Florida Statutes, is amended to read:
   99         493.6105 Initial application for license.—
  100         (6) In addition to the requirements under subsection (3),
  101  an applicant for a Class “K” license must:
  102         (a) Submit one of the following:
  103         1. The Florida Criminal Justice Standards and Training
  104  Commission Instructor Certificate and written confirmation by
  105  the commission that the applicant possesses an active firearms
  106  certification.
  107         2. A valid National Rifle Association Private Security
  108  Firearm Instructor Certificate issued not more than 3 years
  109  before the submission of the applicant’s Class “K” application.
  110         3. A valid firearms instructor certificate issued by a
  111  federal law enforcement agency issued not more than 3 years
  112  before the submission of the applicant’s Class “K” application.
  113         4.A valid DD form 214 issued by the United States
  114  Department of Defense, an acceptable form as specified by the
  115  Department of Veterans’ Affairs, or other official military
  116  documentation. Such form or documentation must be issued not
  117  more than 3 years before the submission of the applicant’s Class
  118  “K” application, indicating that the applicant has been
  119  honorably discharged and has served as a military firearms
  120  instructor within the last 3 years of service.
  121         Section 5. Paragraph (d) of subsection (3) of section
  122  493.6113, Florida Statutes, is amended to read:
  123         493.6113 Renewal application for licensure.—
  124         (3) Each licensee is responsible for renewing his or her
  125  license on or before its expiration by filing with the
  126  department an application for renewal accompanied by payment of
  127  the renewal fee and the fingerprint retention fee to cover the
  128  cost of ongoing retention in the statewide automated biometric
  129  identification system established in s. 943.05(2)(b). Upon the
  130  first renewal of a license issued under this chapter before
  131  January 1, 2017, the licensee shall submit a full set of
  132  fingerprints and fingerprint processing fees to cover the cost
  133  of entering the fingerprints into the statewide automated
  134  biometric identification system pursuant to s. 493.6108(4)(a)
  135  and the cost of enrollment in the Federal Bureau of
  136  Investigation’s national retained print arrest notification
  137  program. Subsequent renewals may be completed without submission
  138  of a new set of fingerprints.
  139         (d) Each Class “K” licensee shall additionally submit:
  140         1. One of the certificates specified under s. 493.6105(6)
  141  as proof that he or she remains certified to provide firearms
  142  instruction; or
  143         2.Proof of having taught no less than six 28-hour firearms
  144  instruction courses to Class “G” applicants, as specified in s.
  145  493.6105(5), during the previous triennial licensure period.
  146         Section 6. Subsection (19) is added to section 496.415,
  147  Florida Statutes, to read:
  148         496.415 Prohibited acts.—It is unlawful for any person in
  149  connection with the planning, conduct, or execution of any
  150  solicitation or charitable or sponsor sales promotion to:
  151         (19)Commingle charitable contributions with noncharitable
  152  funds.
  153         Section 7. Section 496.418, Florida Statutes, is amended to
  154  read:
  155         496.418 Recordkeeping and accounting Records.—
  156         (1)Each charitable organization, sponsor, professional
  157  fundraising consultant, and professional solicitor that collects
  158  or takes control or possession of contributions made for a
  159  charitable purpose must keep records to permit accurate
  160  reporting and auditing as required by law, must not commingle
  161  contributions with noncharitable funds as specified in s.
  162  496.415(19), and must be able to account for the funds. When
  163  expenditures are not properly documented and disclosed by
  164  records, there exists a rebuttable presumption that the
  165  charitable organization, sponsor, professional fundraising
  166  consultant, or professional solicitor did not properly expend
  167  such funds. Noncharitable funds include any funds that are not
  168  used or intended to be used for the operation of the charity or
  169  for charitable purposes.
  170         (2) Each charitable organization, sponsor, professional
  171  fundraising consultant, and professional solicitor must keep for
  172  a period of at least 3 years true and accurate records as to its
  173  activities in this state which are covered by ss. 496.401
  174  496.424. The records must be made available, without subpoena,
  175  to the department for inspection and must be furnished no later
  176  than 10 working days after requested.
  177         Section 8. Paragraph (b) of subsection (3) and paragraph
  178  (i) of subsection (5) of section 500.459, Florida Statutes, are
  179  amended to read:
  180         500.459 Water vending machines.—
  181         (3) PERMITTING REQUIREMENTS.—
  182         (b) An application for an operating permit must be made in
  183  writing to the department on forms provided by the department
  184  and must be accompanied by a fee as provided in subsection (4).
  185  The application must state the location of each water vending
  186  machine, the source of the water to be vended, the treatment the
  187  water will receive prior to being vended, and any other
  188  information considered necessary by the department.
  189         (5) OPERATING STANDARDS.—
  190         (i) The operator shall place on each water vending machine,
  191  in a position clearly visible to customers, the following
  192  information: the name and address of the operator; the operating
  193  permit number; the fact that the water is obtained from a public
  194  water supply; the method of treatment used; the method of
  195  postdisinfection used; and a local or toll-free telephone number
  196  that may be called for obtaining further information, reporting
  197  problems, or making complaints.
  198         Section 9. Paragraph (g) of subsection (1) of section
  199  501.059, Florida Statutes, is amended, and paragraph (i) is
  200  added to that subsection, and subsection (5), paragraph (c) of
  201  subsection (8), and subsection (9) of that section are amended,
  202  to read:
  203         501.059 Telephone solicitation.—
  204         (1) As used in this section, the term:
  205         (g) “Telephonic sales call” means a telephone call, or text
  206  message, or voicemail transmission to a consumer for the purpose
  207  of soliciting a sale of any consumer goods or services,
  208  soliciting an extension of credit for consumer goods or
  209  services, or obtaining information that will or may be used for
  210  the direct solicitation of a sale of consumer goods or services
  211  or an extension of credit for such purposes.
  212         (i)“Voicemail transmission” means technologies that
  213  deliver a voice message directly to a voicemail application,
  214  service, or device.
  215         (5) A telephone solicitor or other person may not initiate
  216  an outbound telephone call, or text message, or voicemail
  217  transmission to a consumer, business, or donor or potential
  218  donor who has previously communicated to the telephone solicitor
  219  or other person that he or she does not wish to receive an
  220  outbound telephone call, or text message, or voicemail
  221  transmission:
  222         (a) Made by or on behalf of the seller whose goods or
  223  services are being offered; or
  224         (b) Made on behalf of a charitable organization for which a
  225  charitable contribution is being solicited.
  226         (8)
  227         (c) It shall be unlawful for any person who makes a
  228  telephonic sales call or causes a telephonic sales call to be
  229  made to fail to transmit or cause not to be transmitted the
  230  originating telephone number and, when made available by the
  231  telephone solicitor’s carrier, the name of the telephone
  232  solicitor to any caller identification service in use by a
  233  recipient of a telephonic sales call. However, it shall not be a
  234  violation to substitute, for the name and telephone number used
  235  in or billed for making the call, the name of the seller on
  236  behalf of which a telephonic sales call is placed and the
  237  seller’s customer service telephone number, which is answered
  238  during regular business hours. If a telephone number is made
  239  available through a caller identification service as a result of
  240  a telephonic sales call, the solicitor must ensure that
  241  telephone number is capable of receiving telephone calls and
  242  must connect the original call recipient, upon calling such
  243  number, to the telephone solicitor or to the seller on behalf of
  244  which a telephonic sales call was placed. For purposes of this
  245  section, the term “caller identification service” means a
  246  service that allows a telephone subscriber to have the telephone
  247  number and, where available, the name of the calling party
  248  transmitted contemporaneously with the telephone call and
  249  displayed on a device in or connected to the subscriber’s
  250  telephone.
  251         (9)(a) The department shall investigate any complaints
  252  received concerning violations of this section. If, after
  253  investigating a complaint, the department finds that there has
  254  been a violation of this section, the department or the
  255  Department of Legal Affairs may bring an action to impose a
  256  civil penalty and to seek other relief, including injunctive
  257  relief, as the court deems appropriate against the telephone
  258  solicitor. The civil penalty shall be in the Class IV III
  259  category pursuant to s. 570.971 for each violation and shall be
  260  deposited in the General Inspection Trust Fund if the action or
  261  proceeding was brought by the department, or the Legal Affairs
  262  Revolving Trust Fund if the action or proceeding was brought by
  263  the Department of Legal Affairs. This civil penalty may be
  264  recovered in any action brought under this part by the
  265  department, or the department may terminate any investigation or
  266  action upon agreement by the person to pay a stipulated civil
  267  penalty. The department or the court may waive any civil penalty
  268  if the person has previously made full restitution or
  269  reimbursement or has paid actual damages to the consumers who
  270  have been injured by the violation.
  271         (b) The department may, as an alternative to the civil
  272  penalties provided in paragraph (a), impose an administrative
  273  fine in the Class III I category pursuant to s. 570.971 for each
  274  act or omission that constitutes a violation of this section. An
  275  administrative proceeding that could result in the entry of an
  276  order imposing an administrative penalty must be conducted
  277  pursuant to chapter 120.
  278         Section 10. Section 501.6175, Florida Statutes, is created
  279  to read:
  280         501.6175Recordkeeping.—A commercial telephone seller shall
  281  keep all of the following information for 2 years after the date
  282  the information first becomes part of the seller’s business
  283  records:
  284         (1)The name and telephone number of each consumer
  285  contacted by a telephone sales call.
  286         (2)All express requests authorizing the telephone
  287  solicitor to contact the consumer.
  288         (3)Any script, outline, or presentation the applicant
  289  requires or suggests a salesperson use when soliciting; sales
  290  information or literature to be provided by the commercial
  291  telephone seller to a salesperson; and sales information or
  292  literature to be provided by the commercial telephone seller to
  293  a consumer in connection with any solicitation.
  294  
  295  Within 10 days of an oral or written request by the department,
  296  including a written request transmitted by electronic mail, a
  297  commercial telephone seller must make the records it keeps
  298  pursuant to this section available for inspection and copying by
  299  the department during the department’s normal business hours.
  300  This section does not limit the department’s ability to inspect
  301  and copy material pursuant to any other law.
  302         Section 11. Section 501.912, Florida Statutes, is amended
  303  to read:
  304         501.912 Definitions.—As used in ss. 501.91-501.923:
  305         (1) “Antifreeze” means any substance or preparation,
  306  including, but not limited to, antifreeze-coolant, antifreeze
  307  and summer coolant, or summer coolant, that is sold,
  308  distributed, or intended for use:
  309         (a) As the cooling liquid, or to be added to the cooling
  310  liquid, in the cooling system of internal combustion engines of
  311  motor vehicles to prevent freezing of the cooling liquid or to
  312  lower its freezing point; or
  313         (b)To raise the boiling point of water or for the
  314  prevention of engine overheating, whether or not the liquid is
  315  used as a year-round cooling system fluid.
  316         (2)“Antifreeze-coolant,” “antifreeze and summer coolant,”
  317  or “summer coolant” means any substance as defined in subsection
  318  (1) which also is sold, distributed, or intended for raising the
  319  boiling point of water or for the prevention of engine
  320  overheating whether or not used as a year-round cooling system
  321  fluid. Unless otherwise stated, the term “antifreeze” includes
  322  “antifreeze,” “antifreeze-coolant,” “antifreeze and summer
  323  coolant,” and “summer coolant.”
  324         (2)(3) “Department” means the Department of Agriculture and
  325  Consumer Services.
  326         (3)(4) “Distribute” means to hold with an intent to sell,
  327  offer for sale, sell, barter, or otherwise supply to the
  328  consumer.
  329         (4)(5) “Package” means a sealed, tamperproof retail
  330  package, drum, or other container designed for the sale of
  331  antifreeze directly to the consumer or a container from which
  332  the antifreeze may be installed directly by the seller into the
  333  cooling system. However, this term, but does not include
  334  shipping containers containing properly labeled inner
  335  containers.
  336         (5)(6) “Label” means any display of written, printed, or
  337  graphic matter on, or attached to, a package or to the outside
  338  individual container or wrapper of the package.
  339         (6)(7) “Labeling” means the labels and any other written,
  340  printed, or graphic matter accompanying a package.
  341         Section 12. Section 501.913, Florida Statutes, is amended
  342  to read:
  343         501.913 Registration.—
  344         (1) Each brand of antifreeze to be distributed in this
  345  state must shall be registered with the department before
  346  distribution. The person whose name appears on the label, the
  347  manufacturer, or the packager shall make application annually or
  348  biennially to the department on forms provided by the
  349  department. The registration certificate expires shall expire 12
  350  or 24 months after the date of issue, as indicated on the
  351  registration certificate. The registrant assumes, by application
  352  to register the brand, full responsibility for the registration,
  353  quality, and quantity of the product sold, offered, or exposed
  354  for sale in this state. If a registered brand is not in
  355  production for distribution in this state and to ensure any
  356  remaining product that is still available for sale in the state
  357  is properly registered, the registrant must submit a notarized
  358  affidavit on company letterhead to the department certifying
  359  that:
  360         (a)The stated brand is no longer in production;
  361         (b)The stated brand will not be distributed in this state;
  362  and
  363         (c)All existing product of the stated brand will be
  364  removed by the registrant from the state within 30 days after
  365  expiration of the registration or the registrant will reregister
  366  the brand for two subsequent registration periods.
  367  
  368  If production resumes, the brand must be reregistered before it
  369  is distributed in this state.
  370         (2) The completed application shall be accompanied by:
  371         (a) Specimens or copies facsimiles of the label for each
  372  brand of antifreeze;
  373         (b) An application fee of $200 for a 12-month registration
  374  or $400 for a 24-month registration for each brand of
  375  antifreeze; and
  376         (c) For first-time applications, a certified report from an
  377  independent testing laboratory, dated no more than 6 months
  378  before the registration application, providing analysis showing
  379  that the antifreeze conforms to minimum standards required for
  380  antifreeze by this part or rules of the department and is not
  381  adulterated A properly labeled sample of between 1 and 2 gallons
  382  for each brand of antifreeze.
  383         (3) The department may analyze or inspect the antifreeze to
  384  ensure that it:
  385         (a) Meets the labeling claims;
  386         (b) Conforms to minimum standards required for antifreeze
  387  by this part chapter or rules of the department; and
  388         (c) Is not adulterated as prescribed for antifreeze by this
  389  part chapter.
  390         (4)(a) If the registration requirements are met, and, if
  391  the antifreeze meets the minimum standards, is not adulterated,
  392  and meets the labeling claims, the department shall issue a
  393  certificate of registration authorizing the distribution of that
  394  antifreeze in the state for the permit period year.
  395         (b) If registration requirements are not met, or, if the
  396  antifreeze fails to meet the minimum standards, is adulterated,
  397  or fails to meet the labeling claims, the department shall
  398  refuse to register the antifreeze.
  399         Section 13. Section 501.917, Florida Statutes, is amended
  400  to read:
  401         501.917 Inspection by department; sampling and analysis.
  402  The department has shall have the right to have access at
  403  reasonable hours to all places and property where antifreeze is
  404  stored, distributed, or offered or intended to be offered for
  405  sale, including the right to inspect and examine all antifreeze
  406  and to take reasonable samples of antifreeze for analysis
  407  together with specimens of labeling. Collected samples must be
  408  analyzed by the department. The certificate of analysis by the
  409  department shall be prima facie evidence of the facts stated
  410  therein in any legal proceeding in this state All samples taken
  411  shall be properly sealed and sent to a laboratory designated by
  412  the department for examination together with all labeling
  413  pertaining to such samples. It shall be the duty of said
  414  laboratory to examine promptly all samples received in
  415  connection with the administration and enforcement of this act.
  416         Section 14. Section 501.92, Florida Statutes, is amended to
  417  read:
  418         501.92 Formula may be required.—The department may, if
  419  required for the analysis of antifreeze by the laboratory
  420  designated by the department for the purpose of registration,
  421  require the applicant to furnish a statement of the formula of
  422  such antifreeze, unless the applicant can furnish other
  423  satisfactory evidence that such antifreeze is not adulterated or
  424  misbranded. Such statement need not include inhibitor or other
  425  minor ingredients which total less than 5 percent by weight of
  426  the antifreeze; and, if over 5 percent, the composition of the
  427  inhibitor and such other ingredients may be given in generic
  428  terms.
  429         Section 15. Paragraph (e) of subsection (10) of section
  430  525.07, Florida Statutes, is redesignated as paragraph (f), and
  431  a new paragraph (e) is added to that subsection, to read:
  432         525.07 Powers and duties of department; inspections;
  433  unlawful acts.—
  434         (10)
  435         (e)The department may seize without warrant any skimming
  436  device, as defined in s. 817.625, for use as evidence.
  437         Section 16. Subsection (4) is added to section 526.304,
  438  Florida Statutes, to read:
  439         526.304 Predatory practices unlawful; exceptions.—
  440         (4) The Department of Agriculture and Consumer Services may
  441  by emergency order, in furtherance of executing emergency plans
  442  or to aid in the recovery of an emergency-impacted area,
  443  temporarily suspend enforcement of this section during a state
  444  of emergency declared pursuant to s. 252.36.
  445         Section 17. Subsection (6) is added to section 526.305,
  446  Florida Statutes, to read:
  447         526.305 Discriminatory practices unlawful; exceptions.—
  448         (6) The Department of Agriculture and Consumer Services may
  449  by emergency order, in furtherance of executing emergency plans
  450  or to aid in the recovery of an emergency-impacted area,
  451  temporarily suspend enforcement of this section during a state
  452  of emergency declared pursuant to s. 252.36.
  453         Section 18. Subsection (1) of section 526.51, Florida
  454  Statutes, is amended to read:
  455         526.51 Registration; renewal and fees; departmental
  456  expenses; cancellation or refusal to issue or renew.—
  457         (1)(a) Application for registration of each brand of brake
  458  fluid shall be made on forms supplied by the department. The
  459  applicant shall give his or her name and address and the brand
  460  name of the brake fluid, state that he or she owns the brand
  461  name and has complete control over the product sold thereunder
  462  in this state, and provide the name and address of the resident
  463  agent in this state. If the applicant does not own the brand
  464  name but wishes to register the product with the department, a
  465  notarized affidavit that gives the applicant full authorization
  466  to register the brand name and that is signed by the owner of
  467  the brand name must accompany the application for registration.
  468  The affidavit must include all affected brand names, the owner’s
  469  company or corporate name and address, the applicant’s company
  470  or corporate name and address, and a statement from the owner
  471  authorizing the applicant to register the product with the
  472  department. The owner of the brand name shall maintain complete
  473  control over each product sold under that brand name in this
  474  state.
  475         (b)The completed application must be accompanied by the
  476  following:
  477         1.Specimens or copies of the label for each brand of brake
  478  fluid.
  479         2.An application fee of $50 for a 12-month registration or
  480  $100 for a 24-month registration for each brand of brake fluid.
  481         3.For All first-time applications for a brand and formula
  482  combination, must be accompanied by a certified report from an
  483  independent testing laboratory, dated no more than 6 months
  484  before the registration application, setting forth the analysis
  485  of the brake fluid which shows its quality to be not less than
  486  the specifications established by the department for brake
  487  fluids. A sample of not less than 24 fluid ounces of brake fluid
  488  shall be submitted, in a container with a label printed in the
  489  same manner that it will be labeled when sold, and the sample
  490  and container shall be analyzed and inspected by the department
  491  in order that compliance with the department’s specifications
  492  and labeling requirements may be verified.
  493  
  494  Upon approval of the application, the department shall register
  495  the brand name of the brake fluid and issue to the applicant a
  496  permit authorizing the registrant to sell the brake fluid in
  497  this state. The registration certificate expires shall expire 12
  498  or 24 months after the date of issue, as indicated on the
  499  registration certificate.
  500         (c)(b)Each applicant shall pay a fee of $100 with each
  501  application. A permit may be renewed by application to the
  502  department, accompanied by a renewal fee of $50 for a 12-month
  503  registration, or $100 for a 24-month registration, on or before
  504  the expiration of the previously issued permit. To reregister a
  505  previously registered brand and formula combination, an
  506  applicant must submit a completed application and all materials
  507  as required in this section to the department before the
  508  expiration of the previously issued permit. A brand and formula
  509  combination for which a completed application and all materials
  510  required in this section are not received before the expiration
  511  of the previously issued permit may not be registered with the
  512  department until a completed application and all materials
  513  required in this section have been received and approved. If the
  514  brand and formula combination was previously registered with the
  515  department and a fee, application, or materials required in this
  516  section are received after the expiration of the previously
  517  issued permit, a penalty of $25 accrues, which shall be added to
  518  the fee. Renewals shall be accepted only on brake fluids that
  519  have no change in formula, composition, or brand name. Any
  520  change in formula, composition, or brand name of a brake fluid
  521  constitutes a new product that must be registered in accordance
  522  with this part.
  523         (c)If a registered brand and formula combination is no
  524  longer in production for distribution in this state, in order to
  525  ensure that any remaining product still available for sale in
  526  this state is properly registered, the registrant must submit a
  527  notarized affidavit on company letterhead to the department
  528  certifying that:
  529         1.The stated brand and formula combination is no longer in
  530  production;
  531         2.The stated brand and formula combination will not be
  532  distributed in this state; and
  533         3.Either all existing product of the stated brand and
  534  formula combination will be removed by the registrant from the
  535  state within 30 days after the expiration of the registration or
  536  that the registrant will reregister the brand and formula
  537  combination for 2 subsequent years.
  538  
  539  If production resumes, the brand and formula combination must be
  540  reregistered before it is again distributed in this state.
  541         Section 19. Subsection (1) of section 526.53, Florida
  542  Statutes, is amended to read:
  543         526.53 Enforcement; inspection and analysis, stop-sale and
  544  disposition, regulations.—
  545         (1) The department shall enforce the provisions of this
  546  part through the department, and may sample, inspect, analyze,
  547  and test any brake fluid manufactured, packed, or sold within
  548  this state. Collected samples must be analyzed by the
  549  department. The certificate of analysis by the department shall
  550  be prima facie evidence of the facts stated therein in any legal
  551  proceeding in this state. The department has shall have free
  552  access during business hours to all premises, buildings,
  553  vehicles, cars, or vessels used in the manufacture, packing,
  554  storage, sale, or transportation of brake fluid, and may open
  555  any box, carton, parcel, or container of brake fluid and take
  556  samples for inspection and analysis or for evidence.
  557         Section 20. Section 527.01, Florida Statutes, is amended to
  558  read:
  559         527.01 Definitions.—As used in this chapter:
  560         (1) “Liquefied petroleum gas” means any material which is
  561  composed predominantly of any of the following hydrocarbons, or
  562  mixtures of the same: propane, propylene, butanes (normal butane
  563  or isobutane), and butylenes.
  564         (2) “Person” means any individual, firm, partnership,
  565  corporation, company, association, organization, or cooperative.
  566         (3) “Ultimate Consumer” means the person last purchasing
  567  liquefied petroleum gas in its liquid or vapor state for
  568  industrial, commercial, or domestic use.
  569         (4) “Department” means the Department of Agriculture and
  570  Consumer Services.
  571         (5) “Qualifier” means any person who has passed a
  572  competency examination administered by the department and is
  573  employed by a licensed category I, category II, or category V
  574  business. in one or more of the following classifications:
  575         (a)Category I liquefied petroleum gas dealer.
  576         (b)Category II liquefied petroleum gas dispenser.
  577         (c)LP gas installer.
  578         (d)Specialty installer.
  579         (e)Requalifier of cylinders.
  580         (f)Fabricator, repairer, and tester of vehicles and cargo
  581  tanks.
  582         (g)Category IV liquefied petroleum gas dispensing unit
  583  operator and recreational vehicle servicer.
  584         (h)Category V liquefied petroleum gases dealer for
  585  industrial uses only.
  586         (6) “Category I liquefied petroleum gas dealer” means any
  587  person selling or offering to sell by delivery or at a
  588  stationary location any liquefied petroleum gas to the ultimate
  589  consumer for industrial, commercial, or domestic use; any person
  590  leasing or offering to lease, or exchanging or offering to
  591  exchange, any apparatus, appliances, and equipment for the use
  592  of liquefied petroleum gas; any person installing, servicing,
  593  altering, or modifying apparatus, piping, tubing, appliances,
  594  and equipment for the use of liquefied petroleum or natural gas;
  595  any person installing carburetion equipment; or any person
  596  requalifying cylinders.
  597         (7) “Category II liquefied petroleum gas dispenser” means
  598  any person engaging in the business of operating a liquefied
  599  petroleum gas dispensing unit for the purpose of serving liquid
  600  products to the ultimate consumer for industrial, commercial, or
  601  domestic use, and selling or offering to sell, or leasing or
  602  offering to lease, apparatus, appliances, and equipment for the
  603  use of liquefied petroleum gas, including maintaining a cylinder
  604  storage rack at the licensed business location for the purpose
  605  of storing cylinders filled by the licensed business for sale or
  606  use at a later date.
  607         (8) “Category III liquefied petroleum gas cylinder exchange
  608  operator” means any person operating a storage facility used for
  609  the purpose of storing filled propane cylinders of not more than
  610  43.5 pounds propane capacity or 104 pounds water capacity, while
  611  awaiting sale to the ultimate consumer, or a facility used for
  612  the storage of empty or filled containers which have been
  613  offered for exchange.
  614         (9) “Category IV dealer in appliances and equipment
  615  liquefied petroleum gas dispenser and recreational vehicle
  616  servicer” means any person selling or offering to sell, or
  617  leasing or offering to lease, apparatus, appliances, and
  618  equipment for the use of liquefied petroleum gas engaging in the
  619  business of operating a liquefied petroleum gas dispensing unit
  620  for the purpose of serving liquid product to the ultimate
  621  consumer for industrial, commercial, or domestic use, and
  622  selling or offering to sell, or leasing or offering to lease,
  623  apparatus, appliances, and equipment for the use of liquefied
  624  petroleum gas, and whose services include the installation,
  625  service, or repair of recreational vehicle liquefied petroleum
  626  gas appliances and equipment.
  627         (10) “Category V LP gas installer” means any person who is
  628  engaged in the liquefied petroleum gas business and whose
  629  services include the installation, servicing, altering, or
  630  modifying of apparatus, piping, tubing, tanks, and equipment for
  631  the use of liquefied petroleum or natural gas and selling or
  632  offering to sell, or leasing or offering to lease, apparatus,
  633  appliances, and equipment for the use of liquefied petroleum or
  634  natural gas.
  635         (11) “Category VI miscellaneous operator” means any person
  636  who is engaged in operation as a manufacturer of LP gas
  637  appliances and equipment; a fabricator, repairer, and tester of
  638  vehicles and cargo tanks; a requalifier of LP gas cylinders; or
  639  a pipeline system operator Specialty installer” means any person
  640  involved in the installation, service, or repair of liquefied
  641  petroleum or natural gas appliances and equipment, and selling
  642  or offering to sell, or leasing or offering to lease, apparatus,
  643  appliances, and equipment for the use of liquefied petroleum
  644  gas, whose activities are limited to specific types of
  645  appliances and equipment as designated by department rule.
  646         (12)“Dealer in appliances and equipment for use of
  647  liquefied petroleum gas” means any person selling or offering to
  648  sell, or leasing or offering to lease, apparatus, appliances,
  649  and equipment for the use of liquefied petroleum gas.
  650         (12)(13) “Manufacturer of liquefied petroleum gas
  651  appliances and equipment” means any person in this state
  652  manufacturing and offering for sale or selling tanks, cylinders,
  653  or other containers and necessary appurtenances for use in the
  654  storage, transportation, or delivery of such gas to the ultimate
  655  consumer, or manufacturing and offering for sale or selling
  656  apparatus, appliances, and equipment for the use of liquefied
  657  petroleum gas to the ultimate consumer.
  658         (13)(14) “Wholesaler” means any person, as defined by
  659  subsection (2), selling or offering to sell any liquefied
  660  petroleum gas for industrial, commercial, or domestic use to any
  661  person except the ultimate consumer.
  662         (14)(15) “Requalifier of cylinders” means any person
  663  involved in the retesting, repair, qualifying, or requalifying
  664  of liquefied petroleum gas tanks or cylinders manufactured under
  665  specifications of the United States Department of Transportation
  666  or former Interstate Commerce Commission.
  667         (15)(16) “Fabricator, repairer, and tester of vehicles and
  668  cargo tanks” means any person involved in the hydrostatic
  669  testing, fabrication, repair, or requalifying of any motor
  670  vehicles or cargo tanks used for the transportation of liquefied
  671  petroleum gases, when such tanks are permanently attached to or
  672  forming a part of the motor vehicle.
  673         (17)“Recreational vehicle” means a motor vehicle designed
  674  to provide temporary living quarters for recreational, camping,
  675  or travel use, which has its own propulsion or is mounted on or
  676  towed by another motor vehicle.
  677         (16)(18) “Pipeline system operator” means any person who
  678  owns or operates a liquefied petroleum gas pipeline system that
  679  is used to transmit liquefied petroleum gas from a common source
  680  to the ultimate customer and that serves 10 or more customers.
  681         (19)“Category V liquefied petroleum gases dealer for
  682  industrial uses only” means any person engaged in the business
  683  of filling, selling, and transporting liquefied petroleum gas
  684  containers for use in welding, forklifts, or other industrial
  685  applications.
  686         (17)(20) “License period year” means the period 1 to 3
  687  years from the issuance of the license from September 1 through
  688  the following August 31, or April 1 through the following March
  689  31, depending upon the type of license.
  690         Section 21. Section 527.02, Florida Statutes, is amended to
  691  read:
  692         527.02 License; penalty; fees.—
  693         (1) It is unlawful for any person to engage in this state
  694  in the activities defined in s. 527.01(6) through (11) of a
  695  pipeline system operator, category I liquefied petroleum gas
  696  dealer, category II liquefied petroleum gas dispenser, category
  697  III liquefied petroleum gas cylinder exchange operator, category
  698  IV liquefied petroleum gas dispenser and recreational vehicle
  699  servicer, category V liquefied petroleum gas dealer for
  700  industrial uses only, LP gas installer, specialty installer,
  701  dealer in liquefied petroleum gas appliances and equipment,
  702  manufacturer of liquefied petroleum gas appliances and
  703  equipment, requalifier of cylinders, or fabricator, repairer,
  704  and tester of vehicles and cargo tanks without first obtaining
  705  from the department a license to engage in one or more of these
  706  businesses. The sale of liquefied petroleum gas cylinders with a
  707  volume of 10 pounds water capacity or 4.2 pounds liquefied
  708  petroleum gas capacity or less is exempt from the requirements
  709  of this chapter. It is a felony of the third degree, punishable
  710  as provided in s. 775.082, s. 775.083, or s. 775.084, to
  711  intentionally or willfully engage in any of said activities
  712  without first obtaining appropriate licensure from the
  713  department.
  714         (2) Each business location of a person having multiple
  715  locations must shall be separately licensed and must meet the
  716  requirements of this section. Such license shall be granted to
  717  any applicant determined by the department to be competent,
  718  qualified, and trustworthy who files with the department a
  719  surety bond, insurance affidavit, or other proof of insurance,
  720  as hereinafter specified, and pays for such license the
  721  following annual license original application fee for new
  722  licenses and annual renewal fees for existing licenses:
  723  
  724  License Category     License OriginalApplication Fee Per Year    RenewalFee     
  725  Category I liquefiedpetroleum gasdealer         $400 $525                $425        
  726  Category II liquefiedpetroleum gasdispenser         $400 525                  375        
  727  Category IIIliquefied petroleumgas cylinderexchange unitoperator          $65 100                  65         
  728  Category IVdealer in appliances and equipmentliquefied petroleumgas dispenser andrecreational vehicleservicer          $65 525                  400        
  729  Category V LP gas installer liquefiedpetroleum gasesdealer for industrialuses only         $200 300                  200        
  730  Category VI miscellaneous operator LP gasinstaller         $200 300                  200        
  731  Specialtyinstaller               300                    200        
  732  Dealer in appliances and equipmentfor use of liquefiedpetroleum gas            50                     45         
  733  Manufacturer ofliquefied petroleumgas appliances andequipment            525                    375        
  734  Requalifier ofcylinders            525                    375        
  735  Fabricator, repairer,and tester ofvehicles andcargo tanks            525                    375        
  736  
  737         (3)(a) An applicant for an original license who submits an
  738  application during the last 6 months of the license year may
  739  have the original license fee reduced by one-half for the 6
  740  month period. This provision applies only to those companies
  741  applying for an original license and may not be applied to
  742  licensees who held a license during the previous license year
  743  and failed to renew the license. The department may refuse to
  744  issue an initial license to an applicant who is under
  745  investigation in any jurisdiction for an action that would
  746  constitute a violation of this chapter until such time as the
  747  investigation is complete.
  748         (b) The department shall waive the initial license fee for
  749  1 year for an honorably discharged veteran of the United States
  750  Armed Forces, the spouse of such a veteran, or a business entity
  751  that has a majority ownership held by such a veteran or spouse
  752  if the department receives an application, in a format
  753  prescribed by the department, within 60 months after the date of
  754  the veteran’s discharge from any branch of the United States
  755  Armed Forces. To qualify for the waiver, a veteran must provide
  756  to the department a copy of his or her DD Form 214, as issued by
  757  the United States Department of Defense or another acceptable
  758  form of identification as specified by the Department of
  759  Veterans’ Affairs; the spouse of a veteran must provide to the
  760  department a copy of the veteran’s DD Form 214, as issued by the
  761  United States Department of Defense, or another acceptable form
  762  of identification as specified by the Department of Veterans’
  763  Affairs, and a copy of a valid marriage license or certificate
  764  verifying that he or she was lawfully married to the veteran at
  765  the time of discharge; or a business entity must provide to the
  766  department proof that a veteran or the spouse of a veteran holds
  767  a majority ownership in the business, a copy of the veteran’s DD
  768  Form 214, as issued by the United States Department of Defense,
  769  or another acceptable form of identification as specified by the
  770  Department of Veterans’ Affairs, and, if applicable, a copy of a
  771  valid marriage license or certificate verifying that the spouse
  772  of the veteran was lawfully married to the veteran at the time
  773  of discharge.
  774         (4) Any licensee submitting a material change in their
  775  information for licensing, before the date for renewal, must
  776  submit such change to the department in the manner prescribed by
  777  the department, along with a fee in the amount of $10 Any person
  778  applying for a liquefied petroleum gas license as a specialty
  779  installer, as defined by s. 527.01(11), shall upon application
  780  to the department identify the specific area of work to be
  781  performed. Upon completion of all license requirements set forth
  782  in this chapter, the department shall issue the applicant a
  783  license specifying the scope of work, as identified by the
  784  applicant and defined by rule of the department, for which the
  785  person is authorized.
  786         (5)The license fee for a pipeline system operator shall be
  787  $100 per system owned or operated by the person, not to exceed
  788  $400 per license year. Such license fee applies only to a
  789  pipeline system operator who owns or operates a liquefied
  790  petroleum gas pipeline system that is used to transmit liquefied
  791  petroleum gas from a common source to the ultimate customer and
  792  that serves 10 or more customers.
  793         (5)(6) The department shall adopt promulgate rules
  794  specifying acts deemed by the department to demonstrate a lack
  795  of trustworthiness to engage in activities requiring a license
  796  or qualifier identification card under this section.
  797         (7)Any license issued by the department may be transferred
  798  to any person, firm, or corporation for the remainder of the
  799  current license year upon written request to the department by
  800  the original licenseholder. Prior to approval of any transfer,
  801  all licensing requirements of this chapter must be met by the
  802  transferee. A license transfer fee of $50 shall be charged for
  803  each such transfer.
  804         Section 22. Section 527.0201, Florida Statutes, is amended
  805  to read:
  806         527.0201 Qualifiers; master qualifiers; examinations.—
  807         (1) In addition to the requirements of s. 527.02, any
  808  person applying for a license to engage in category I, category
  809  II, or category V the activities of a pipeline system operator,
  810  category I liquefied petroleum gas dealer, category II liquefied
  811  petroleum gas dispenser, category IV liquefied petroleum gas
  812  dispenser and recreational vehicle servicer, category V
  813  liquefied petroleum gases dealer for industrial uses only, LP
  814  gas installer, specialty installer, requalifier of cylinders, or
  815  fabricator, repairer, and tester of vehicles and cargo tanks
  816  must prove competency by passing a written examination
  817  administered by the department or its agent with a grade of 70
  818  75 percent or above in each area tested. Each applicant for
  819  examination shall submit a $20 nonrefundable fee. The department
  820  shall by rule specify the general areas of competency to be
  821  covered by each examination and the relative weight to be
  822  assigned in grading each area tested.
  823         (2) Application for examination for competency may be made
  824  by an individual or by an owner, a partner, or any person
  825  employed by the license applicant. Upon successful completion of
  826  the competency examination, the department shall register issue
  827  a qualifier identification card to the examinee.
  828         (a) Qualifier registration automatically expires if
  829  identification cards, except those issued to category I
  830  liquefied petroleum gas dealers and liquefied petroleum gas
  831  installers, shall remain in effect as long as the individual
  832  shows to the department proof of active employment in the area
  833  of examination and all continuing education requirements are
  834  met. Should the individual terminates terminate active
  835  employment in the area of examination for a period exceeding 24
  836  months, or fails fail to provide documentation of continuing
  837  education, the individual’s qualifier status shall automatically
  838  expire. If the qualifier registration status has expired, the
  839  individual must apply for and successfully complete an
  840  examination by the department in order to reestablish qualifier
  841  status.
  842         (b) Every business organization in license category I,
  843  category II, or category V shall employ at all times a full-time
  844  qualifier who has successfully completed an examination in the
  845  corresponding category of the license held by the business
  846  organization. A person may not act as a qualifier for more than
  847  one licensed location.
  848         (3) Qualifier registration expires cards issued to category
  849  I liquefied petroleum gas dealers and liquefied petroleum gas
  850  installers shall expire 3 years after the date of issuance. All
  851  category I liquefied petroleum gas dealer qualifiers and
  852  liquefied petroleum gas installer qualifiers holding a valid
  853  qualifier card upon the effective date of this act shall retain
  854  their qualifier status until July 1, 2003, and may sit for the
  855  master qualifier examination at any time during that time
  856  period. All such category I liquefied petroleum gas dealer
  857  qualifiers and liquefied petroleum gas installer qualifiers may
  858  renew their qualification on or before July 1, 2003, upon
  859  application to the department, payment of a $20 renewal fee, and
  860  documentation of the completion of a minimum of 16 hours of
  861  approved continuing education courses, as defined by department
  862  rule, during the previous 3-year period. Applications for
  863  renewal must be made 30 calendar days before expiration. Persons
  864  failing to renew before the expiration date must reapply and
  865  take a qualifier competency examination in order to reestablish
  866  category I liquefied petroleum gas dealer qualifier and
  867  liquefied petroleum gas installer qualifier status. If a
  868  category I liquefied petroleum gas qualifier or liquefied
  869  petroleum gas installer qualifier becomes a master qualifier at
  870  any time during the effective date of the qualifier card, the
  871  card shall remain in effect until expiration of the master
  872  qualifier certification.
  873         (4) A qualifier for a business organization involved in
  874  installation, repair, maintenance, or service of liquefied
  875  petroleum gas appliances, equipment, or systems must actually
  876  function in a supervisory capacity of other company employees
  877  performing licensed activities installing, repairing,
  878  maintaining, or servicing liquefied petroleum gas appliances,
  879  equipment, or systems. A separate qualifier shall be required
  880  for every 10 such employees. Additional qualifiers are required
  881  for those business organizations employing more than 10
  882  employees that install, repair, maintain, or service liquefied
  883  petroleum gas equipment and systems.
  884         (5) In addition to all other licensing requirements, each
  885  category I and category V licensee liquefied petroleum gas
  886  dealer and liquefied petroleum gas installer must, at the time
  887  of application for licensure, identify to the department one
  888  master qualifier who is a full-time employee at the licensed
  889  location. This person shall be a manager, owner, or otherwise
  890  primarily responsible for overseeing the operations of the
  891  licensed location and must provide documentation to the
  892  department as provided by rule. The master qualifier requirement
  893  shall be in addition to the requirements of subsection (1).
  894         (a) In order to apply for certification as a master
  895  qualifier, each applicant must have been a registered be a
  896  category I liquefied petroleum gas dealer qualifier or liquefied
  897  petroleum gas installer qualifier for a minimum of 3 years
  898  immediately preceding submission of the application, must be
  899  employed by a licensed category I or category V licensee
  900  liquefied petroleum gas dealer, liquefied petroleum gas
  901  installer, or applicant for such license, must provide
  902  documentation of a minimum of 1 year’s work experience in the
  903  gas industry, and must pass a master qualifier competency
  904  examination. Master qualifier examinations shall be based on
  905  Florida’s laws, rules, and adopted codes governing liquefied
  906  petroleum gas safety, general industry safety standards, and
  907  administrative procedures. The applicant must successfully pass
  908  the examination with a grade of 70 75 percent or above. Each
  909  applicant for master qualifier registration status must submit
  910  to the department a nonrefundable $30 examination fee before the
  911  examination.
  912         (b) Upon successful completion of the master qualifier
  913  examination, the department shall issue the examinee a
  914  certificate of master qualifier registration status which shall
  915  include the name of the licensed company for which the master
  916  qualifier is employed. A master qualifier may transfer from one
  917  licenseholder to another upon becoming employed by the company
  918  and providing a written request to the department.
  919         (c) A master qualifier registration expires status shall
  920  expire 3 years after the date of issuance of the certificate and
  921  may be renewed by submission to the department of documentation
  922  of completion of at least 16 hours of approved continuing
  923  education courses during the 3-year period; proof of employment
  924  with a licensed category I liquefied petroleum gas dealer,
  925  liquefied petroleum gas installer, or applicant; and a $30
  926  certificate renewal fee. The department shall define, by rule,
  927  approved courses of continuing education.
  928         (d)Each category I liquefied petroleum gas dealer or
  929  liquefied petroleum gas installer licensed as of August 31,
  930  2000, shall identify to the department one current category I
  931  liquefied petroleum gas dealer qualifier or liquefied petroleum
  932  gas installer qualifier who will be the designated master
  933  qualifier for the licenseholder. Such individual must provide
  934  proof of employment for 3 years or more within the liquefied
  935  petroleum gas industry, and shall, upon approval of the
  936  department, be granted a master qualifier certificate. All other
  937  requirements with regard to master qualifier certificate
  938  expiration, renewal, and continuing education shall apply.
  939         (6) A vacancy in a qualifier or master qualifier position
  940  in a business organization which results from the departure of
  941  the qualifier or master qualifier shall be immediately reported
  942  to the department by the departing qualifier or master qualifier
  943  and the licensed company.
  944         (a) If a business organization no longer possesses a duly
  945  designated qualifier, as required by this section, its liquefied
  946  petroleum gas licenses shall be suspended by order of the
  947  department after 20 working days. The license shall remain
  948  suspended until a competent qualifier has been employed, the
  949  order of suspension terminated by the department, and the
  950  license reinstated. A vacancy in the qualifier position for a
  951  period of more than 20 working days shall be deemed to
  952  constitute an immediate threat to the public health, safety, and
  953  welfare. Failure to obtain a replacement qualifier within 60
  954  days after the vacancy occurs shall be grounds for revocation of
  955  licensure or eligibility for licensure.
  956         (b) Any category I or category V licensee liquefied
  957  petroleum gas dealer or LP gas installer who no longer possesses
  958  a master qualifier but currently employs a category I liquefied
  959  petroleum gas dealer or LP gas installer qualifier as required
  960  by this section, has shall have 60 days within which to replace
  961  the master qualifier. If the company fails to replace the master
  962  qualifier within the 60-day time period, the license of the
  963  company shall be suspended by order of the department. The
  964  license shall remain suspended until a competent master
  965  qualifier has been employed, the order of suspension has been
  966  terminated by the department, and the license reinstated.
  967  Failure to obtain a replacement master qualifier within 90 days
  968  after the vacancy occurs shall be grounds for revocation of
  969  licensure or eligibility for licensure.
  970         (7) The department may deny, refuse to renew, suspend, or
  971  revoke any qualifier card or master qualifier registration
  972  certificate for any of the following causes:
  973         (a) Violation of any provision of this chapter or any rule
  974  or order of the department;
  975         (b) Falsification of records relating to the qualifier card
  976  or master qualifier registration certificate; or
  977         (c) Failure to meet any of the renewal requirements.
  978         (8) Any individual having competency qualifications on file
  979  with the department may request the transfer of such
  980  qualifications to any existing licenseholder by making a written
  981  request to the department for such transfer. Any individual
  982  having a competency examination on file with the department may
  983  use such examination for a new license application after making
  984  application in writing to the department. All examinations are
  985  confidential and exempt from the provisions of s. 119.07(1).
  986         (9) If a duplicate license, qualifier card, or master
  987  qualifier registration certificate is requested by the licensee,
  988  a fee of $10 must be received before issuance of the duplicate
  989  license or certificate card. If a facsimile transmission of an
  990  original license is requested, upon completion of the
  991  transmission a fee of $10 must be received by the department
  992  before the original license may be mailed to the requester.
  993         (10) All revenues collected herein shall be deposited in
  994  the General Inspection Trust Fund for the purpose of
  995  administering the provisions of this chapter.
  996         Section 23. Section 527.021, Florida Statutes, is amended
  997  to read:
  998         527.021 Registration of transport vehicles.—
  999         (1) Each liquefied petroleum gas bulk delivery vehicle
 1000  owned or leased by a liquefied petroleum gas licensee must be
 1001  registered with the department as part of the licensing
 1002  application or when placed into service annually.
 1003         (2) For the purposes of this section, a “liquefied
 1004  petroleum gas bulk delivery vehicle” means any vehicle that is
 1005  used to transport liquefied petroleum gas on any public street
 1006  or highway as liquid cargo in a cargo tank, which tank is
 1007  mounted on a conventional truck chassis or is an integral part
 1008  of a transporting vehicle in which the tank constitutes, in
 1009  whole or in part, the stress member used as a frame and is a
 1010  permanent part of the transporting vehicle.
 1011         (3) Vehicle registrations shall be submitted by the vehicle
 1012  owner or lessee in conjunction with the annual renewal of his or
 1013  her liquefied petroleum gas license, but no later than August 31
 1014  of each year. A dealer who fails to register a vehicle with the
 1015  department does not submit the required vehicle registration by
 1016  August 31 of each year is subject to the penalties in s. 527.13.
 1017         (4) The department shall issue a decal to be placed on each
 1018  vehicle that is inspected by the department and found to be in
 1019  compliance with applicable codes.
 1020         Section 24. Section 527.03, Florida Statutes, is amended to
 1021  read:
 1022         527.03 Annual Renewal of license.—All licenses required
 1023  under this chapter shall be renewed annually, biennially, or
 1024  triennially, as elected by the licensee, subject to the license
 1025  fees prescribed in s. 527.02. All renewals must meet the same
 1026  requirements and conditions as an annual license for each
 1027  licensed year All licenses, except Category III Liquefied
 1028  Petroleum Gas Cylinder Exchange Unit Operator licenses and
 1029  Dealer in Appliances and Equipment for Use of Liquefied
 1030  Petroleum Gas licenses, shall be renewed for the period
 1031  beginning September 1 and shall expire on the following August
 1032  31 unless sooner suspended, revoked, or otherwise terminated.
 1033  Category III Liquefied Petroleum Gas Cylinder Exchange Unit
 1034  Operator licenses and Dealer in Appliances and Equipment for Use
 1035  of Liquefied Petroleum Gas licenses shall be renewed for the
 1036  period beginning April 1 and shall expire on the following March
 1037  31 unless sooner suspended, revoked, or otherwise terminated.
 1038  Any license allowed to expire will shall become inoperative
 1039  because of failure to renew. The fee for restoration of a
 1040  license is equal to the original license fee and must be paid
 1041  before the licensee may resume operations.
 1042         Section 25. Section 527.04, Florida Statutes, is amended to
 1043  read:
 1044         527.04 Proof of insurance required.—
 1045         (1) Before any license is issued, except to a category IV
 1046  dealer in appliances and equipment for use of liquefied
 1047  petroleum gas or a category III liquefied petroleum gas cylinder
 1048  exchange operator, the applicant must deliver to the department
 1049  satisfactory evidence that the applicant is covered by a primary
 1050  policy of bodily injury liability and property damage liability
 1051  insurance that covers the products and operations with respect
 1052  to such business and is issued by an insurer authorized to do
 1053  business in this state for an amount not less than $1 million
 1054  and that the premium on such insurance is paid. An insurance
 1055  certificate, affidavit, or other satisfactory evidence of
 1056  acceptable insurance coverage shall be accepted as proof of
 1057  insurance. In lieu of an insurance policy, the applicant may
 1058  deliver a good and sufficient bond in the amount of $1 million,
 1059  payable to the Commissioner of Agriculture Governor of Florida,
 1060  with the applicant as principal and a surety company authorized
 1061  to do business in this state as surety. The bond must be
 1062  conditioned upon the applicant’s compliance with this chapter
 1063  and the rules of the department with respect to the conduct of
 1064  such business and shall indemnify and hold harmless all persons
 1065  from loss or damage by reason of the applicant’s failure to
 1066  comply. However, the aggregated liability of the surety may not
 1067  exceed $1 million. If the insurance policy is canceled or
 1068  otherwise terminated or the bond becomes insufficient, the
 1069  department may require new proof of insurance or a new bond to
 1070  be filed, and if the licenseholder fails to comply, the
 1071  department shall cancel the license issued and give the
 1072  licenseholder written notice that it is unlawful to engage in
 1073  business without a license. A new bond is not required as long
 1074  as the original bond remains sufficient and in force. If the
 1075  licenseholder’s insurance coverage as required by this
 1076  subsection is canceled or otherwise terminated, the insurer must
 1077  notify the department within 30 days after the cancellation or
 1078  termination.
 1079         (2) Before any license is issued to a category class III
 1080  liquefied petroleum gas cylinder exchange operator, the
 1081  applicant must deliver to the department satisfactory evidence
 1082  that the applicant is covered by a primary policy of bodily
 1083  injury liability and property damage liability insurance that
 1084  covers the products and operations with respect to the business
 1085  and is issued by an insurer authorized to do business in this
 1086  state for an amount not less than $300,000 and that the premium
 1087  on the insurance is paid. An insurance certificate, affidavit,
 1088  or other satisfactory evidence of acceptable insurance coverage
 1089  shall be accepted as proof of insurance. In lieu of an insurance
 1090  policy, the applicant may deliver a good and sufficient bond in
 1091  the amount of $300,000, payable to the Commissioner of
 1092  Agriculture Governor, with the applicant as principal and a
 1093  surety company authorized to do business in this state as
 1094  surety. The bond must be conditioned upon the applicant’s
 1095  compliance with this chapter and the rules of the department
 1096  with respect to the conduct of such business and must indemnify
 1097  and hold harmless all persons from loss or damage by reason of
 1098  the applicant’s failure to comply. However, the aggregated
 1099  liability of the surety may not exceed $300,000. If the
 1100  insurance policy is canceled or otherwise terminated or the bond
 1101  becomes insufficient, the department may require new proof of
 1102  insurance or a new bond to be filed, and if the licenseholder
 1103  fails to comply, the department shall cancel the license issued
 1104  and give the licenseholder written notice that it is unlawful to
 1105  engage in business without a license. A new bond is not required
 1106  as long as the original bond remains sufficient and in force. If
 1107  the licenseholder’s insurance coverage required by this
 1108  subsection is canceled or otherwise terminated, the insurer must
 1109  notify the department within 30 days after the cancellation or
 1110  termination.
 1111         (3) Any person having a cause of action on the bond may
 1112  bring suit against the principal and surety, and a copy of such
 1113  bond duly certified by the department shall be received in
 1114  evidence in the courts of this state without further proof. The
 1115  department shall furnish a certified copy of the such bond upon
 1116  payment to it of its lawful fee for making and certifying such
 1117  copy.
 1118         Section 26. Section 527.0605, Florida Statutes, is amended
 1119  to read:
 1120         527.0605 Liquefied petroleum gas bulk storage locations;
 1121  jurisdiction.—
 1122         (1) The provisions of this chapter shall apply to liquefied
 1123  petroleum gas bulk storage locations when:
 1124         (a) A single container in the bulk storage location has a
 1125  capacity of 2,000 gallons or more;
 1126         (b) The aggregate container capacity of the bulk storage
 1127  location is 4,000 gallons or more; or
 1128         (c) A container or containers are installed for the purpose
 1129  of serving the public the liquid product.
 1130         (2)Prior to the installation of any bulk storage
 1131  container, the licensee must submit to the department a site
 1132  plan of the facility which shows the proposed location of the
 1133  container and must obtain written approval of such location from
 1134  the department.
 1135         (3)A fee of $200 shall be assessed for each site plan
 1136  reviewed by the division. The review shall include
 1137  preconstruction inspection of the proposed site, plan review,
 1138  and final inspection of the completed facility.
 1139         (2)(4) No newly installed container may be placed in
 1140  operation until it has been inspected and approved by the
 1141  department.
 1142         Section 27. Subsection (1) of section 527.065, Florida
 1143  Statutes, is amended to read:
 1144         527.065 Notification of accidents; leak calls.—
 1145         (1) Immediately upon discovery, all liquefied petroleum gas
 1146  licensees shall notify the department of any liquefied petroleum
 1147  gas-related accident involving a liquefied petroleum gas
 1148  licensee or customer account:
 1149         (a) Which caused a death or personal injury requiring
 1150  professional medical treatment;
 1151         (b) Where uncontrolled ignition of liquefied petroleum gas
 1152  resulted in death, personal injury, or property damage exceeding
 1153  $3,000 $1,000; or
 1154         (c) Which caused estimated damage to property exceeding
 1155  $3,000 $1,000.
 1156         Section 28. Subsection (3) is added to section 527.067,
 1157  Florida Statutes, to read:
 1158         527.067 Responsibilities of persons engaged in servicing
 1159  liquefied petroleum gas equipment and systems and consumers, end
 1160  users, or owners of liquefied petroleum gas equipment or
 1161  systems.—
 1162         (3)A category I liquefied petroleum gas dealer may not
 1163  render a consumer’s liquefied petroleum gas equipment or system
 1164  inoperable or discontinue service without providing written or
 1165  electronic notification to the consumer at least 5 business days
 1166  before rendering the liquefied petroleum gas equipment or system
 1167  inoperable or discontinuing service. This notification does not
 1168  apply in the event of a hazardous condition known to the
 1169  category I liquefied petroleum gas dealer.
 1170         Section 29. Section 527.10, Florida Statutes, is amended to
 1171  read:
 1172         527.10 Restriction on use of unsafe container or system.—No
 1173  liquefied petroleum gas shall be introduced into or removed from
 1174  any container or system in this state that has been identified
 1175  by the department or its duly authorized inspectors as not
 1176  complying with the rules pertaining to such container or system,
 1177  until such violations as specified have been satisfactorily
 1178  corrected and authorization for continued service or removal
 1179  granted by the department. A statement of violations of the
 1180  rules that render such a system unsafe for use shall be
 1181  furnished in writing by the department to the ultimate consumer
 1182  or dealer in liquefied petroleum gas.
 1183         Section 30. Subsections (3) and (17) of section 527.21,
 1184  Florida Statutes, are amended to read:
 1185         527.21 Definitions relating to Florida Propane Gas
 1186  Education, Safety, and Research Act.—As used in ss. 527.20
 1187  527.23, the term:
 1188         (3) “Dealer” means a business engaged primarily in selling
 1189  propane gas and its appliances and equipment to the ultimate
 1190  consumer or to retail propane gas dispensers.
 1191         (17) “Wholesaler” or “reseller” means a seller of propane
 1192  gas who is not a producer and who does not sell propane gas to
 1193  the ultimate consumer.
 1194         Section 31. Paragraph (a) of subsection (2) of section
 1195  527.22, Florida Statutes, is amended to read:
 1196         527.22 Florida Propane Gas Education, Safety, and Research
 1197  Council established; membership; duties and responsibilities.—
 1198         (2)(a) Within 90 days after the effective date of this act,
 1199  the commissioner shall make a call to qualified industry
 1200  organizations for nominees to the council. The commissioner
 1201  shall appoint members of the council from a list of nominees
 1202  submitted by qualified industry organizations. The commissioner
 1203  may require such reports or documentation as is necessary to
 1204  document the nomination process for members of the council.
 1205  Qualified industry organizations, in making nominations, and the
 1206  commissioner, in making appointments, shall give due regard to
 1207  selecting a council that is representative of the industry and
 1208  the geographic regions of the state. Other than the public
 1209  member, council members must be full-time employees or owners of
 1210  propane gas producers or dealers doing business in this state.
 1211         Section 32. Section 531.67, Florida Statutes, is amended to
 1212  read:
 1213         531.67 Expiration of sections.—Sections 531.60, 531.61,
 1214  531.62, 531.63, 531.64, 531.65, and 531.66 shall expire July 1,
 1215  2025 2020.
 1216         Section 33. Section 534.47, Florida Statutes, is amended to
 1217  read:
 1218         534.47 Definitions.—As used in ss. 534.48-534.54, the term
 1219  ss. 534.48-534.53:
 1220         (1)“Dealer” means a person, not a market agency, engaged
 1221  in the business of buying or selling in commerce livestock
 1222  either on his or her own account or as the employee or agent of
 1223  a vendor or purchaser.
 1224         (2)(1) “Department” means the Department of Agriculture and
 1225  Consumer Services.
 1226         (3)“Livestock” has the same meaning as in s. 585.01(13).
 1227         (4)(2) “Livestock market” means any location in the state
 1228  where livestock is assembled and sold at public auction or on a
 1229  commission basis during regularly scheduled or special sales.
 1230  The term “livestock market” does shall not include private farms
 1231  or ranches or sales made at livestock shows, fairs, exhibitions,
 1232  or special breed association sales.
 1233         (5)“Packer” means a person engaged in the business of
 1234  buying livestock in commerce for purposes of slaughter, or of
 1235  manufacturing or preparing meats or meat food products for sale
 1236  or shipment in commerce, or of marketing meats, meat food
 1237  products, or livestock products in an unmanufactured form acting
 1238  as a wholesaler broker, dealer, or distributor in commerce.
 1239         (6)“Purchaser” means a person, partnership, firm,
 1240  corporation, or other organization owning, managing, producing,
 1241  or dealing in livestock, including, but not limited to, a packer
 1242  or dealer, that buys livestock for breeding, feeding, reselling,
 1243  slaughter, or other purpose.
 1244         (7)“Registered and approved livestock market” means a
 1245  livestock market fully registered, bonded, and approved as a
 1246  market agency pursuant to the Stockyards Act and governing
 1247  regulations of the United States Department of Agriculture Grain
 1248  Inspection, Packers and Stockyards Administration.
 1249         (8)“Seller” means a person, partnership, firm,
 1250  corporation, or other organization owning, managing, producing,
 1251  financing, or dealing in livestock, including, but not limited
 1252  to, a registered and approved livestock market as consignee or a
 1253  dealer, that sells livestock for breeding, feeding, reselling,
 1254  slaughter, or other purpose.
 1255         (9)“Stockyards Act” means the Packers and Stockyards Act
 1256  of 1921, 7 U.S.C. ss. 181–229 and the regulations promulgated
 1257  pursuant to that act under 9 C.F.R. part 201.
 1258         (3)“Buyer” means the party to whom title of livestock
 1259  passes or who is responsible for the purchase price of
 1260  livestock, including, but not limited to, producers, dealers,
 1261  meat packers, or order buyers.
 1262         Section 34. Section 534.49, Florida Statutes, is amended to
 1263  read:
 1264         534.49 Livestock drafts; effect.—For the purposes of this
 1265  section, a livestock draft given as payment at a livestock
 1266  auction market for a livestock purchase shall not be deemed an
 1267  express extension of credit to the purchaser buyer and shall not
 1268  defeat the creation of a lien on such an animal and its carcass,
 1269  and all products therefrom, and all proceeds thereof, to secure
 1270  all or a part of its sales price, as provided in s. 534.54(3) s.
 1271  534.54(4).
 1272         Section 35. Section 534.50, Florida Statutes, is repealed.
 1273         Section 36. Section 534.501, Florida Statutes, is amended
 1274  to read:
 1275         534.501 Livestock draft; Unlawful to delay or failure in
 1276  payment.—It is shall be unlawful for the purchaser of livestock
 1277  to delay or fail in rendering payment for livestock to a seller
 1278  of cattle as provided in s. 534.54. A person who violates this
 1279  section commits an unfair or deceptive act or practice as
 1280  specified in s. 501.204 payment of the livestock draft upon
 1281  presentation of said draft at the payor’s bank. Nothing
 1282  contained in this section shall be construed to preclude a
 1283  payor’s right to refuse payment of an unauthorized draft.
 1284         Section 37. Section 534.51, Florida Statutes, is repealed.
 1285         Section 38. Section 534.54, Florida Statutes, is amended to
 1286  read:
 1287         534.54 Cattle or hog processors; prompt payment; penalty;
 1288  lien.—
 1289         (1)As used in this section:
 1290         (a)“Livestock” means cattle or hogs.
 1291         (b)“Meat processor” means a person, corporation,
 1292  association, or other legal entity engaged in the business of
 1293  slaughtering cattle or hogs.
 1294         (1)(2)(a) A purchaser that meat processor who purchases
 1295  livestock from a seller, or any person, corporation,
 1296  association, or other legal entity who purchases livestock from
 1297  a seller for slaughter, shall make payment by cash or check for
 1298  the purchase price of the livestock and actually deliver the
 1299  cash or check to the seller or her or his representative at the
 1300  location where the purchaser takes physical possession of the
 1301  livestock on the day the transfer of possession occurs or by
 1302  shall wire transfer of funds on the business day within which
 1303  the possession of the said livestock is transferred. However, if
 1304  the transfer of possession is accomplished after normal banking
 1305  hours, said payment shall be made in the manner herein provided
 1306  in this subsection no not later than the close of the first
 1307  business day following the said transfer of possession. In the
 1308  case of grade and yield selling, the purchaser shall make
 1309  payment by wire transfer of funds or by personal or cashier’s
 1310  check by registered mail postmarked no not later than the close
 1311  of the first business day following determination of grade and
 1312  yield.
 1313         (b) All instruments issued in payment as required by this
 1314  section hereunder shall be drawn on banking institutions which
 1315  are so located as not artificially to delay collection of funds
 1316  through the mail or otherwise cause an undue lapse of time in
 1317  the clearance process.
 1318         (2)(3)In all cases in which A purchaser of who purchases
 1319  livestock that for slaughter from a seller fails to comply with
 1320  subsection (1) make payment for the livestock as required by
 1321  this section or artificially delays collection of funds for the
 1322  payment of the livestock, the purchaser shall be liable to pay
 1323  the seller owner of the livestock, in addition to the price of
 1324  the livestock:
 1325         (a) Twelve percent damages on the amount of the price.
 1326         (b) Interest on the purchase price of the livestock at the
 1327  highest legal rate from and after the transfer of possession
 1328  until payment is made as required by this section.
 1329         (c) A Reasonable attorney fees, court costs, and expenses
 1330  attorney’s fee for the prosecution of collection of the payment.
 1331         (3)(4)(a) A seller that Any person, partnership, firm,
 1332  corporation, or other organization which sells livestock to a
 1333  purchaser shall have a lien on such animal and its carcass, all
 1334  products therefrom, and all proceeds thereof to secure all or a
 1335  part of its sales price.
 1336         (b) The lien provided in this subsection shall be deemed to
 1337  have attached and to be perfected upon delivery of the livestock
 1338  to the purchaser without further action, and such lien shall
 1339  continue in the livestock and its carcass, all products
 1340  therefrom, and all proceeds thereof without regard to possession
 1341  thereof by the party entitled to such lien without further
 1342  perfection.
 1343         (c) If the livestock or its carcass or products therefrom
 1344  are so commingled with other livestock, carcasses, or products
 1345  so that the identity thereof is lost, then the lien granted in
 1346  this subsection shall extend to the same effect as if same had
 1347  been perfected originally in all such animals, carcasses, and
 1348  products with which it has become commingled. However, all liens
 1349  so extended under this paragraph to such commingled livestock,
 1350  carcasses, and products shall be on a parity with one another,
 1351  and, with respect to such commingled carcasses or products upon
 1352  which a lien or liens have been so extended under this
 1353  paragraph, no such lien shall be enforceable as against any
 1354  purchaser without actual knowledge thereof purchasing one or
 1355  more of such carcasses or products in the ordinary course of
 1356  trade or business from the party having commingled such
 1357  carcasses or products or against any subsequent transferee from
 1358  such purchaser, but in the event of such sale, such lien shall
 1359  instead extend to the proceeds of such sale.
 1360         Section 39. Subsection (46) is added to section 570.07,
 1361  Florida Statutes, to read:
 1362         570.07 Department of Agriculture and Consumer Services;
 1363  functions, powers, and duties.—The department shall have and
 1364  exercise the following functions, powers, and duties:
 1365         (46)During a state of emergency declared pursuant to s.
 1366  252.36, to waive fees by emergency order for duplicate copies or
 1367  renewal of permits, licenses, certifications, or other similar
 1368  types of authorizations during a period specified by the
 1369  commissioner.
 1370         Section 40. Section 573.111, Florida Statutes, is amended
 1371  to read:
 1372         573.111 Notice of effective date of marketing order.—Before
 1373  the issuance of any marketing order, or any suspension,
 1374  amendment, or termination thereof, a notice must shall be posted
 1375  on a public bulletin board to be maintained by the department in
 1376  the Division of Marketing and Development of the department in
 1377  the Nathan Mayo Building, Tallahassee, Leon County, and a copy
 1378  of the notice shall be posted on the department website the same
 1379  date that the notice is posted on the bulletin board. A No
 1380  marketing order, or any suspension, amendment, or termination
 1381  thereof, may not shall become effective until the termination of
 1382  a period of 5 days after from the date of posting and
 1383  publication.
 1384         Section 41. Section 578.011, Florida Statutes, is amended
 1385  to read:
 1386         578.011 Definitions; Florida Seed Law.—When used in this
 1387  chapter, the term:
 1388         (1) “Advertisement” means all representations, other than
 1389  those on the label, disseminated in any manner or by any means,
 1390  relating to seed within the scope of this law.
 1391         (2) “Agricultural seed” includes the seed of grass, forage,
 1392  cereal and fiber crops, and chufas and any other seed commonly
 1393  recognized within the state as agricultural seed, lawn seed, and
 1394  combinations of such seed, and may include identified noxious
 1395  weed seed when the department determines that such seed is being
 1396  used as agricultural seed or field seed and mixtures of such
 1397  seed.
 1398         (3)“Blend” means seed consisting of more than one variety
 1399  of one kind, each present in excess of 5 percent by weight of
 1400  the whole.
 1401         (4)“Buyer” means a person who purchases agricultural,
 1402  vegetable, flower, tree, or shrub seed in packaging of 1,000
 1403  seeds or more by count.
 1404         (5)“Brand” means a distinguishing word, name, symbol,
 1405  number, or design used to identify seed produced, packaged,
 1406  advertised, or offered for sale by a particular person.
 1407         (6)(3) “Breeder seed” means a class of certified seed
 1408  directly controlled by the originating or sponsoring plant
 1409  breeding institution or person, or designee thereof, and is the
 1410  source for the production of seed of the other classes of
 1411  certified seed that are released directly from the breeder or
 1412  experiment station that develops the seed. These seed are one
 1413  class above foundation seed.
 1414         (7)(4) “Certified seed,means a class of seed which is the
 1415  progeny of breeder, foundation, or registered seed “registered
 1416  seed,” and “foundation seed” mean seed that have been produced
 1417  and labeled in accordance with the procedures and in compliance
 1418  with the rules and regulations of any agency authorized by the
 1419  laws of this state or the laws of another state.
 1420         (8)“Certifying agency” means:
 1421         (a)An agency authorized under the laws of a state,
 1422  territory, or possession of the United States to officially
 1423  certify seed and which has standards and procedures approved by
 1424  the United States Secretary of Agriculture to assure the genetic
 1425  purity and identity of the seed certified; or
 1426         (b)An agency of a foreign country that the United States
 1427  Secretary of Agriculture has determined as adhering to
 1428  procedures and standards for seed certification comparable to
 1429  those adhered to generally by seed certifying agencies under
 1430  paragraph (a).
 1431         (9)“Coated seed” means seed that has been covered by a
 1432  layer of materials that obscures the original shape and size of
 1433  the seed and substantially increases the weight of the product.
 1434  The addition of biologicals, pesticides, identifying colorants
 1435  or dyes, or other active ingredients including polymers may be
 1436  included in this process.
 1437         (10)(5) “Date of test” means the month and year the
 1438  percentage of germination appearing on the label was obtained by
 1439  laboratory test.
 1440         (11)(6) “Dealer” means any person who sells or offers for
 1441  sale any agricultural, vegetable, flower, or forest tree, or
 1442  shrub seed for seeding purposes, and includes farmers who sell
 1443  cleaned, processed, packaged, and labeled seed.
 1444         (12)(7) “Department” means the Department of Agriculture
 1445  and Consumer Services or its authorized representative.
 1446         (13)(8) “Dormant seed” refers to viable seed, other than
 1447  hard seed, which neither germinate nor decay during the
 1448  prescribed test period and under the prescribed test conditions.
 1449         (14)(9) “Flower seed” includes seed of herbaceous plants
 1450  grown for blooms, ornamental foliage, or other ornamental parts,
 1451  and commonly known and sold under the name of flower or
 1452  wildflower seed in this state.
 1453         (10)“Forest tree seed” includes seed of woody plants
 1454  commonly known and sold as forest tree seed.
 1455         (15)“Foundation seed” means a class of certified seed
 1456  which is the progeny of breeder or other foundation seed and is
 1457  produced and handled under procedures established by the
 1458  certifying agency, in accordance with this part, for producing
 1459  foundation seed, for the purpose of maintaining genetic purity
 1460  and identity.
 1461         (16)(11) “Germination” means the emergence and development
 1462  from the seed embryo of those essential structures which, for
 1463  the kind of seed in question, are indicative of the ability to
 1464  produce a normal plant under favorable conditions percentage of
 1465  seed capable of producing normal seedlings under ordinarily
 1466  favorable conditions. Broken seedlings and weak, malformed and
 1467  obviously abnormal seedlings shall not be considered to have
 1468  germinated.
 1469         (17)(12) “Hard seed” means seeds that remain hard at the
 1470  end of a prescribed test period because they have not absorbed
 1471  water due to an impermeable seed coat the percentage of seed
 1472  which because of hardness or impermeability did not absorb
 1473  moisture or germinate under prescribed tests but remain hard
 1474  during the period prescribed for germination of the kind of seed
 1475  concerned.
 1476         (18)(13) “Hybrid” means the first generation seed of a
 1477  cross produced by controlling the pollination and by combining:
 1478         (a) Two or more inbred lines;
 1479         (b) One inbred or a single cross with an open-pollinated
 1480  variety; or
 1481         (c) Two varieties or species, except open-pollinated
 1482  varieties of corn (Zea mays).
 1483  
 1484  The second generation or subsequent generations from such
 1485  crosses may shall not be regarded as hybrids. Hybrid
 1486  designations shall be treated as variety names.
 1487         (19)(14) “Inert matter” means all matter that is not a full
 1488  seed includes broken seed when one-half in size or less; seed of
 1489  legumes or crucifers with the seed coats removed; undeveloped
 1490  and badly injured weed seed such as sterile dodder which, upon
 1491  visual examination, are clearly incapable of growth; empty
 1492  glumes of grasses; attached sterile glumes of grasses (which
 1493  must be removed from the fertile glumes except in Rhodes grass);
 1494  dirt, stone, chaff, nematode, fungus bodies, and any matter
 1495  other than seed.
 1496         (20)(15) “Kind” means one or more related species or
 1497  subspecies which singly or collectively is known by one common
 1498  name; e.g., corn, beans, lespedeza.
 1499         (21)“Label” means the display or displays of written or
 1500  printed material upon or attached to a container of seed.
 1501         (22)(16) “Labeling” includes all labels and other written,
 1502  printed, or graphic representations, in any form, accompanying
 1503  and pertaining to any seed, whether in bulk or in containers,
 1504  and includes invoices and other bills of shipment when sold in
 1505  bulk.
 1506         (23)(17) “Lot of seed” means a definite quantity of seed
 1507  identified by a lot number or other mark identification, every
 1508  portion or bag of which is uniform within recognized tolerances
 1509  for the factors that appear in the labeling, for the factors
 1510  which appear in the labeling, within permitted tolerances.
 1511         (24)(18)“Mix,” “mixed,” or “mixture” means seed consisting
 1512  of more than one kind or variety, each present in excess of 5
 1513  percent by weight of the whole.
 1514         (25)“Mulch” means a protective covering of any suitable
 1515  substance placed with seed which acts to retain sufficient
 1516  moisture to support seed germination and sustain early seedling
 1517  growth and aid in the prevention of the evaporation of soil
 1518  moisture, the control of weeds, and the prevention of erosion.
 1519         (26)“Noxious weed seed” means seed in one of two classes
 1520  of seed:
 1521         (a)“Prohibited noxious weed seed” means the seed of weeds
 1522  that are highly destructive and difficult to control by good
 1523  cultural practices and the use of herbicides.
 1524         (b)“Restricted noxious weed seed” means weed seeds that
 1525  are objectionable in agricultural crops, lawns, and gardens of
 1526  this state and which can be controlled by good agricultural
 1527  practices or the use of herbicides.
 1528         (27)(19) “Origin” means the state, District of Columbia,
 1529  Puerto Rico, or possession of the United States, or the foreign
 1530  country where the seed were grown, except for native species,
 1531  where the term means the county or collection zone and the state
 1532  where the seed were grown for forest tree seed, with respect to
 1533  which the term “origin” means the county or state forest service
 1534  seed collection zone and the state where the seed were grown.
 1535         (28)(20) “Other crop seed” includes all seed of plants
 1536  grown in this state as crops, other than the kind or kind and
 1537  variety included in the pure seed, when not more than 5 percent
 1538  of the whole of a single kind or variety is present, unless
 1539  designated as weed seed.
 1540         (29)“Packet seed” means seed prepared for use in home
 1541  gardens and household plantings packaged in labeled, sealed
 1542  containers of less than 8 ounces and typically sold from seed
 1543  racks or displays in retail establishments, via the Internet, or
 1544  through mail order.
 1545         (30)(21) “Processing” means conditioning, cleaning,
 1546  scarifying, or blending to obtain uniform quality and other
 1547  operations which would change the purity or germination of the
 1548  seed and, therefore, require retesting to determine the quality
 1549  of the seed.
 1550         (22)“Prohibited noxious weed seed” means the seed and
 1551  bulblets of perennial weeds such as not only reproduce by seed
 1552  or bulblets, but also spread by underground roots or stems and
 1553  which, when established, are highly destructive and difficult to
 1554  control in this state by ordinary good cultural practice.
 1555         (31)(23) “Pure seed” means the seed, exclusive of inert
 1556  matter, of the kind or kind and variety of seed declared on the
 1557  label or tag includes all seed of the kind or kind and variety
 1558  or strain under consideration, whether shriveled, cracked, or
 1559  otherwise injured, and pieces of broken seed larger than one
 1560  half the original size.
 1561         (32)(24) “Record” includes the symbol identifying the seed
 1562  as to origin, amount, processing, testing, labeling, and
 1563  distribution, file sample of the seed, and any other document or
 1564  instrument pertaining to the purchase, sale, or handling of
 1565  agricultural, vegetable, flower, or forest tree, or shrub seed.
 1566  Such information includes seed samples and records of
 1567  declarations, labels, purchases, sales, conditioning, bulking,
 1568  treatment, handling, storage, analyses, tests, and examinations.
 1569         (33)“Registered seed” means a class of certified seed
 1570  which is the progeny of breeder or foundation seed and is
 1571  produced and handled under procedures established by the
 1572  certifying agency, in accordance with this part, for the purpose
 1573  of maintaining genetic purity and identity.
 1574         (25)“Restricted noxious weed seed” means the seed of such
 1575  weeds as are very objectionable in fields, lawns, or gardens of
 1576  this state, but can be controlled by good cultural practice.
 1577  Seed of poisonous plants may be included.
 1578         (34)“Shrub seed” means seed of a woody plant that is
 1579  smaller than a tree and has several main stems arising at or
 1580  near the ground.
 1581         (35)(26) “Stop-sale” means any written or printed notice or
 1582  order issued by the department to the owner or custodian of any
 1583  lot of agricultural, vegetable, flower, or forest tree, or shrub
 1584  seed in the state, directing the owner or custodian not to sell
 1585  or offer for sale seed designated by the order within the state
 1586  until the requirements of this law are complied with and a
 1587  written release has been issued; except that the seed may be
 1588  released to be sold for feed.
 1589         (36)(27) “Treated” means that the seed has been given an
 1590  application of a material or subjected to a process designed to
 1591  control or repel disease organisms, insects, or other pests
 1592  attacking seed or seedlings grown therefrom to improve its
 1593  planting value or to serve any other purpose.
 1594         (37)“Tree seed” means seed of a woody perennial plant
 1595  typically having a single stem or trunk growing to a
 1596  considerable height and bearing lateral branches at some
 1597  distance from the ground.
 1598         (38)(28) “Type” means a group of varieties so nearly
 1599  similar that the individual varieties cannot be clearly
 1600  differentiated except under special conditions.
 1601         (39)(29) “Variety” means a subdivision of a kind which is
 1602  distinct in the sense that the variety can be differentiated by
 1603  one or more identifiable morphological, physiological, or other
 1604  characteristics from all other varieties of public knowledge;
 1605  uniform in the sense that the variations in essential and
 1606  distinctive characteristics are describable; and stable in the
 1607  sense that the variety will remain unchanged in its essential
 1608  and distinctive characteristics and its uniformity when
 1609  reproduced or reconstituted characterized by growth, plant
 1610  fruit, seed, or other characteristics by which it can be
 1611  differentiated from other sorts of the same kind; e.g.,
 1612  Whatley’s Prolific corn, Bountiful beans, Kobe lespedeza.
 1613         (40)(30) “Vegetable seed” means the seed of those crops
 1614  that which are grown in gardens or on truck farms, and are
 1615  generally known and sold under the name of vegetable seed or
 1616  herb seed in this state.
 1617         (41)(31) “Weed seed” includes the seed of all plants
 1618  generally recognized as weeds within this state, and includes
 1619  prohibited and restricted noxious weed seed, bulblets, and
 1620  tubers, and any other vegetative propagules.
 1621         Section 42. Section 578.012, Florida Statutes, is created
 1622  to read:
 1623         578.012Preemption.—
 1624         (1)It is the intent of the Legislature to eliminate
 1625  duplication of regulation of seed. As such, this chapter is
 1626  intended as comprehensive and exclusive and occupies the whole
 1627  field of regulation of seed.
 1628         (2)The authority to regulate seed or matters relating to
 1629  seed in this state is preempted to the state. A local government
 1630  or political subdivision of the state may not enact or enforce
 1631  an ordinance that regulates seed, including the power to assess
 1632  any penalties provided for violation of this chapter.
 1633         Section 43. Section 578.08, Florida Statutes, is amended to
 1634  read:
 1635         578.08 Registrations.—
 1636         (1) Every person, except as provided in subsection (4) and
 1637  s. 578.14, before selling, distributing for sale, offering for
 1638  sale, exposing for sale, handling for sale, or soliciting orders
 1639  for the purchase of any agricultural, vegetable, flower, or
 1640  forest tree, or shrub seed or mixture thereof, shall first
 1641  register with the department as a seed dealer. The application
 1642  for registration must include the name and location of each
 1643  place of business at which the seed is sold, distributed for
 1644  sale, offered for sale, exposed for sale, or handled for sale.
 1645  The application must for registration shall be filed with the
 1646  department by using a form prescribed by the department or by
 1647  using the department’s website and shall be accompanied by an
 1648  annual registration fee for each such place of business based on
 1649  the gross receipts from the sale of such seed for the last
 1650  preceding license year as follows:
 1651         (a)1. Receipts of less than $500, a fee of $10.
 1652         2. Receipts of $500 or more but less than $1,000, a fee of
 1653  $25.
 1654         3. Receipts of $1,000 or more but less than $2,500, a fee
 1655  of $100.
 1656         4. Receipts of $2,500 or more but less than $5,000, a fee
 1657  of $200.
 1658         5. Receipts of $5,000 or more but less than $10,000, a fee
 1659  of $350.
 1660         6. Receipts of $10,000 or more but less than $20,000, a fee
 1661  of $800.
 1662         7. Receipts of $20,000 or more but less than $40,000, a fee
 1663  of $1,000.
 1664         8. Receipts of $40,000 or more but less than $70,000, a fee
 1665  of $1,200.
 1666         9. Receipts of $70,000 or more but less than $150,000, a
 1667  fee of $1,600.
 1668         10. Receipts of $150,000 or more but less than $400,000, a
 1669  fee of $2,400.
 1670         11. Receipts of $400,000 or more, a fee of $4,600.
 1671         (b) For places of business not previously in operation, the
 1672  fee shall be based on anticipated receipts for the first license
 1673  year.
 1674         (2) A written receipt from the department of the
 1675  registration and payment of the fee shall constitute a
 1676  sufficient permit for the dealer to engage in or continue in the
 1677  business of selling, distributing for sale, offering or exposing
 1678  for sale, handling for sale, or soliciting orders for the
 1679  purchase of any agricultural, vegetable, flower, or forest tree,
 1680  or shrub seed within the state. However, the department has
 1681  shall have authority to suspend or revoke any permit for the
 1682  violation of any provision of this law or of any rule adopted
 1683  under authority hereof. The registration shall expire on June 30
 1684  of the next calendar year and shall be renewed on July 1 of each
 1685  year. If any person subject to the requirements of this section
 1686  fails to comply, the department may issue a stop-sale notice or
 1687  order which shall prohibit the person from selling or causing to
 1688  be sold any agricultural, vegetable, flower, or forest tree, or
 1689  shrub seed until the requirements of this section are met.
 1690         (3) Every person selling, distributing for sale, offering
 1691  for sale, exposing for sale, handling for sale, or soliciting
 1692  orders for the purchase of any agricultural, vegetable, flower,
 1693  or forest tree, or shrub seed in the state other than as
 1694  provided in subsection (4) s. 578.14, shall be subject to the
 1695  requirements of this section; except that agricultural
 1696  experiment stations of the State University System shall not be
 1697  subject to the requirements of this section.
 1698         (4) The provisions of This chapter does shall not apply to
 1699  farmers who sell only uncleaned, unprocessed, unpackaged, and
 1700  unlabeled seed, but shall apply to farmers who sell cleaned,
 1701  processed, packaged, and labeled seed in amounts in excess of
 1702  $10,000 in any one year.
 1703         (5)When packet seed is sold, offered for sale, or exposed
 1704  for sale, the company who packs seed for retail sale must
 1705  register and pay fees as provided under subsection (1).
 1706         Section 44. Section 578.09, Florida Statutes, is amended to
 1707  read:
 1708         578.09 Label requirements for agricultural, vegetable,
 1709  flower, tree, or shrub seeds.—Each container of agricultural,
 1710  vegetable, or flower, tree, or shrub seed which is sold, offered
 1711  for sale, exposed for sale, or distributed for sale within this
 1712  state for sowing or planting purposes must shall bear thereon or
 1713  have attached thereto, in a conspicuous place, a label or labels
 1714  containing all information required under this section, plainly
 1715  written or printed label or tag in the English language, in
 1716  Century type. All data pertaining to analysis must shall appear
 1717  on a single label. Language setting forth the requirements for
 1718  filing and serving complaints as described in s. 578.26(1)(c)
 1719  must s. 578.26(1)(b) shall be included on the analysis label or
 1720  be otherwise attached to the package, except for packages
 1721  containing less than 1,000 seeds by count.
 1722         (1) FOR TREATED SEED.— For all treated agricultural,
 1723  vegetable, or flower, tree, or shrub seed treated as defined in
 1724  this chapter:
 1725         (a) A word or statement indicating that the seed has been
 1726  treated or description of process used.
 1727         (b) The commonly accepted coined, chemical, or abbreviated
 1728  chemical (generic) name of the applied substance or description
 1729  of the process used and the words “poison treated” in red
 1730  letters, in not less than 1/4-inch type.
 1731         (c) If the substance in the amount present with the seed is
 1732  harmful to humans or other vertebrate animals, a caution
 1733  statement such as “Do not use for food, feed, or oil purposes.”
 1734  The caution for mercurials, Environmental Protection Agency
 1735  Toxicity Category 1 as referenced in 7 C.F.R. 201.31a(c)(2), and
 1736  similarly toxic substances shall be designated by a poison
 1737  statement or symbol.
 1738         (d)Rate of application or statement “Treated at
 1739  manufacturer’s recommended rate.”
 1740         (d)(e) If the seed is treated with an inoculant, the date
 1741  beyond which the inoculant is not to be considered effective
 1742  (date of expiration).
 1743  
 1744  A label separate from other labels required by this section or
 1745  other law may be used to identify seed treatments as required by
 1746  this subsection.
 1747         (2) For agricultural seed, including lawn and turf grass
 1748  seed and mixtures thereof: AGRICULTURAL SEED.—
 1749         (a) Commonly accepted The name of the kind and variety of
 1750  each agricultural seed component present in excess of 5 percent
 1751  of the whole, and the percentage by weight of each in the order
 1752  of its predominance. Where more than one component is required
 1753  to be named, the word “mixed,” “mixture,” or “blend” must the
 1754  word “mixed” shall be shown conspicuously on the label. Hybrids
 1755  must be labeled as hybrids.
 1756         (b) Lot number or other lot identification.
 1757         (c) Net weight or seed count.
 1758         (d) Origin, if known. If the origin is ; if unknown, that
 1759  fact must shall be stated.
 1760         (e) Percentage by weight of all weed seed.
 1761         (f) The Name and number of noxious weed seed per pound, if
 1762  present per pound of each kind of restricted noxious weed seed.
 1763         (g) Percentage by weight of agricultural seed which may be
 1764  designated as other crop seed, other than those required to be
 1765  named on the label.
 1766         (h) Percentage by weight of inert matter.
 1767         (i) For each named agricultural seed, including lawn and
 1768  turf grass seed:
 1769         1. Percentage of germination, exclusive of hard or dormant
 1770  seed;
 1771         2. Percentage of hard or dormant seed, if when present, if
 1772  desired; and
 1773         3. The calendar month and year the test was completed to
 1774  determine such percentages, provided that the germination test
 1775  must have been completed within the previous 9 months, exclusive
 1776  of the calendar month of test.
 1777         (j) Name and address of the person who labeled said seed or
 1778  who sells, distributes, offers, or exposes said seed for sale
 1779  within this state.
 1780  
 1781  The sum total of the percentages listed pursuant to paragraphs
 1782  (a),(e),(g), and (h) must be equal to 100 percent.
 1783         (3) For seed that is coated:
 1784         (a)Percentage by weight of pure seed with coating material
 1785  removed. The percentage of coating material may be included with
 1786  the inert matter percentage or may be listed separately.
 1787         (b)Percentage of germination. This percentage must be
 1788  determined based on an examination of 400 coated units with or
 1789  without seed.
 1790  
 1791  In addition to the requirements of this subsection, labeling of
 1792  coated seed must also comply with the requirements of any other
 1793  subsection pertaining to that type of seed. FOR VEGETABLE SEED
 1794  IN CONTAINERS OF 8 OUNCES OR MORE.—
 1795         (a)Name of kind and variety of seed.
 1796         (b)Net weight or seed count.
 1797         (c)Lot number or other lot identification.
 1798         (d)Percentage of germination.
 1799         (e)Calendar month and year the test was completed to
 1800  determine such percentages.
 1801         (f)Name and address of the person who labeled said seed or
 1802  who sells, distributes, offers or exposes said seed for sale
 1803  within this state.
 1804         (g)For seed which germinate less than the standard last
 1805  established by the department the words “below standard,” in not
 1806  less than 8-point type, must be printed or written in ink on the
 1807  face of the tag, in addition to the other information required.
 1808  Provided, that no seed marked “below standard” shall be sold
 1809  which falls more than 20 percent below the standard for such
 1810  seed which has been established by the department, as authorized
 1811  by this law.
 1812         (h)The name and number of restricted noxious weed seed per
 1813  pound.
 1814         (4) For combination mulch, seed, and fertilizer products:
 1815         (a)The word “combination” followed, as appropriate, by the
 1816  words “mulch - seed – fertilizer” must appear prominently on the
 1817  principal display panel of the package.
 1818         (b)If the product is an agricultural seed placed in a
 1819  germination medium, mat, tape, or other device or is mixed with
 1820  mulch or fertilizer, it must also be labeled with all of the
 1821  following:
 1822         1.Product name.
 1823         2.Lot number or other lot identification.
 1824         3.Percentage by weight of pure seed of each kind and
 1825  variety named which may be less than 5 percent of the whole.
 1826         4.Percentage by weight of other crop seed.
 1827         5.Percentage by weight of inert matter.
 1828         6.Percentage by weight of weed seed.
 1829         7.Name and number of noxious weed seeds per pound, if
 1830  present.
 1831         8.Percentage of germination, and hard or dormant seed if
 1832  appropriate, of each kind or kind and variety named. The
 1833  germination test must have been completed within the previous 12
 1834  months exclusive of the calendar month of test.
 1835         9.The calendar month and year the test was completed to
 1836  determine such percentages.
 1837         10.Name and address of the person who labeled the seed, or
 1838  who sells, offers, or exposes the seed for sale within the
 1839  state.
 1840  
 1841  The sum total of the percentages listed pursuant to
 1842  subparagraphs 3., 4., 5., and 6. must be equal to 100 percent.
 1843         (5)For vegetable seed in packets as prepared for use in
 1844  home gardens or household plantings or vegetable seeds in
 1845  preplanted containers, mats, tapes, or other planting devices:
 1846  FOR VEGETABLE SEED IN CONTAINERS OF LESS THAN 8 OUNCES.—
 1847         (a) Name of kind and variety of seed. Hybrids must be
 1848  labeled as hybrids.
 1849         (b)Lot number or other lot identification.
 1850         (c)Germination test date identified in the following
 1851  manner:
 1852         1. The calendar month and year the germination test was
 1853  completed and the statement “Sell by ...(month/year)...”, which
 1854  may be no more than 12 months from the date of test, beginning
 1855  with the month after the test date;
 1856         2.The month and year the germination test was completed,
 1857  provided that the germination test must have been completed
 1858  within the previous 12 months, exclusive of the calendar month
 1859  of test; or
 1860         3.The year for which the seed was packaged for sale as
 1861  “Packed for ...(year)...” and the statement “Sell by
 1862  ...(year)...” which shall be one year after the seed was
 1863  packaged for sale.
 1864         (d)(b) Name and address of the person who labeled the seed
 1865  or who sells, distributes, offers, or exposes said seed for sale
 1866  within this state.
 1867         (e)(c) For seed which germinate less than standard last
 1868  established by the department, the additional information must
 1869  be shown:
 1870         1. Percentage of germination, exclusive of hard or dormant
 1871  seed.
 1872         2. Percentage of hard or dormant seed when present, if
 1873  present desired.
 1874         3.Calendar month and year the test was completed to
 1875  determine such percentages.
 1876         3.4. The words “Below Standard” prominently displayed in
 1877  not less than 8-point type.
 1878  
 1879         (f)(d) No seed marked “below standard” may shall be sold
 1880  that falls which fall more than 20 percent below the established
 1881  standard for such seed. For seeds that do not have an
 1882  established standard, the minimum germination standard shall be
 1883  50 percent, and no such seed may be sold that is 20 percent
 1884  below this standard.
 1885         (g)For seed placed in a germination medium, mat, tape, or
 1886  other device in such a way as to make it difficult to determine
 1887  the quantity of seed without removing the seeds from the medium,
 1888  mat, tape or device, a statement to indicate the minimum number
 1889  of seeds in the container.
 1890         (6)For vegetable seed in containers, other than packets
 1891  prepared for use in home gardens or household plantings, and
 1892  other than preplanted containers, mats, tapes, or other planting
 1893  devices:
 1894         (a)The name of each kind and variety present of any seed
 1895  in excess of 5 percent of the total weight in the container, and
 1896  the percentage by weight of each type of seed in order of its
 1897  predominance. Hybrids must be labeled as hybrids.
 1898         (b)Net weight or seed count.
 1899         (c)Lot number or other lot identification.
 1900         (d)For each named vegetable seed:
 1901         1.Percentage germination, exclusive of hard or dormant
 1902  seed;
 1903         2.Percentage of hard or dormant seed, if present;
 1904         3.Listed below the requirements of subparagraphs 1. and
 1905  2., the “total germination and hard or dormant seed” may be
 1906  stated as such, if desired; and
 1907         4.The calendar month and year the test was completed to
 1908  determine the percentages specified in subparagraphs 1. and 2.,
 1909  provided that the germination test must have been completed
 1910  within 9 months, exclusive of the calendar month of test.
 1911         (e)Name and address of the person who labeled the seed, or
 1912  who sells, offers, or exposes the seed for sale within this
 1913  state.
 1914         (f)For seed which germinate less than the standard last
 1915  established by the department, the words “Below Standard”
 1916  prominently displayed.
 1917         1.No seed marked “Below Standard” may be sold if the seed
 1918  is more than 20 percent below the established standard for such
 1919  seed.
 1920         2.For seeds that do not have an established standard, the
 1921  minimum germination standard shall be 50 percent, and no such
 1922  seed may be sold that is 20 percent below this standard.
 1923         (7)(5)For flower seed in packets prepared for use in home
 1924  gardens or household plantings or flower seed in preplanted
 1925  containers, mats, tapes, or other planting devices: FOR FLOWER
 1926  SEED IN PACKETS PREPARED FOR USE IN HOME GARDENS OR HOUSEHOLD
 1927  PLANTINGS OR FLOWER SEED IN PREPLANTED CONTAINERS, MATS, TAPES,
 1928  OR OTHER PLANTING DEVICES.—
 1929         (a) For all kinds of flower seed:
 1930         1. The name of the kind and variety or a statement of type
 1931  and performance characteristics as prescribed in the rules and
 1932  regulations adopted promulgated under the provisions of this
 1933  chapter.
 1934         2.Germination test date, identified in the following
 1935  manner:
 1936         a.The calendar month and year the germination test was
 1937  completed and the statement “Sell by_ ...(month/year)...”. The
 1938  sell by date must be no more than 12 months from the date of
 1939  test, beginning with the month after the test date;
 1940         b.The year for which the seed was packed for sale as
 1941  “Packed for ...(year)...” and the statement “Sell by
 1942  ...(year)...” which shall be for a calendar year; or
 1943         c.The calendar month and year the test was completed,
 1944  provided that the germination test must have been completed
 1945  within the previous 12 months, exclusive of the calendar month
 1946  of test.
 1947         2.The calendar month and year the seed was tested or the
 1948  year for which the seed was packaged.
 1949         3. The name and address of the person who labeled said
 1950  seed, or who sells, offers, or exposes said seed for sale within
 1951  this state.
 1952         (b) For seed of those kinds for which standard testing
 1953  procedures are prescribed and which germinate less than the
 1954  germination standard last established under the provisions of
 1955  this chapter:
 1956         1. The percentage of germination exclusive of hard or
 1957  dormant seed.
 1958         2. Percentage of hard or dormant seed, if present.
 1959         3. The words “Below Standard” prominently displayed in not
 1960  less than 8-point type.
 1961         (c) For seed placed in a germination medium, mat, tape, or
 1962  other device in such a way as to make it difficult to determine
 1963  the quantity of seed without removing the seed from the medium,
 1964  mat, tape, or device, a statement to indicate the minimum number
 1965  of seed in the container.
 1966         (8)(6)For flower seed in containers other than packets and
 1967  other than preplanted containers, mats, tapes, or other planting
 1968  devices and not prepared for use in home flower gardens or
 1969  household plantings: FOR FLOWER SEED IN CONTAINERS OTHER THAN
 1970  PACKETS PREPARED FOR USE IN HOME FLOWER GARDENS OR HOUSEHOLD
 1971  PLANTINGS AND OTHER THAN PREPLANTED CONTAINERS, MATS, TAPES, OR
 1972  OTHER PLANTING DEVICES.—
 1973         (a) The name of the kind and variety, and for wildflowers,
 1974  the genus and species and subspecies, if appropriate or a
 1975  statement of type and performance characteristics as prescribed
 1976  in rules and regulations promulgated under the provisions of
 1977  this chapter.
 1978         (b)Net weight or seed count.
 1979         (c)(b)The Lot number or other lot identification.
 1980         (d)For flower seed with a pure seed percentage of less
 1981  than 90 percent:
 1982         1.Percentage, by weight, of each component listed in order
 1983  of its predominance.
 1984         2.Percentage by weight of weed seed, if present.
 1985         3.Percentage by weight of other crop seed.
 1986         4.Percentage by weight of inert matter.
 1987         (e)For those kinds of seed for which standard testing
 1988  procedures are prescribed:
 1989         1.Percentage germination exclusive of hard or dormant
 1990  seed.
 1991         2.Percentage of hard or dormant seed, if present.
 1992         3.(c) The calendar month and year that the test was
 1993  completed. The germination test must have been completed within
 1994  the previous 9 months, exclusive of the calendar month of test.
 1995         (f)For those kinds of seed for which standard testing
 1996  procedures are not available, the year of production or
 1997  collection seed were tested or the year for which the seed were
 1998  packaged.
 1999         (g)(d) The name and address of the person who labeled said
 2000  seed or who sells, offers, or exposes said seed for sale within
 2001  this state.
 2002         (e)For those kinds of seed for which standard testing
 2003  procedures are prescribed:
 2004         1.The percentage germination exclusive of hard seed.
 2005         2.The percentage of hard seed, if present.
 2006         (h)(f) For those seeds which germinate less than the
 2007  standard last established by the department, the words “Below
 2008  Standard” prominently displayed in not less than 8-point type
 2009  must be printed or written in ink on the face of the tag.
 2010         (9)For tree or shrub seed:
 2011         (a)Common name of the species of seed and, if appropriate,
 2012  subspecies.
 2013         (b)The scientific name of the genus, species, and, if
 2014  appropriate, subspecies.
 2015         (c)Lot number or other lot identification.
 2016         (d)Net weight or seed count.
 2017         (e)Origin, indicated in the following manner:
 2018         1.For seed collected from a predominantly indigenous
 2019  stand, the area of collection given by latitude and longitude or
 2020  geographic description, or political subdivision, such as state
 2021  or county.
 2022         2.For seed collected from other than a predominantly
 2023  indigenous stand, the area of collection and the origin of the
 2024  stand or the statement “Origin not Indigenous”.
 2025         3.The elevation or the upper and lower limits of
 2026  elevations within which the seed was collected.
 2027         (f)Purity as a percentage of pure seed by weight.
 2028         (g)For those species for which standard germination
 2029  testing procedures are prescribed by the department:
 2030         1.Percentage germination exclusive of hard or dormant
 2031  seed.
 2032         2.Percentage of hard or dormant seed, if present.
 2033         3.The calendar month and year test was completed, provided
 2034  that the germination test must have been completed within the
 2035  previous 12 months, exclusive of the calendar month of test.
 2036         (h)In lieu of subparagraphs (g)1., 2., and 3., the seed
 2037  may be labeled “Test is in progress; results will be supplied
 2038  upon request.”
 2039         (i)For those species for which standard germination
 2040  testing procedures have not been prescribed by the department,
 2041  the calendar year in which the seed was collected.
 2042         (j)The name and address of the person who labeled the seed
 2043  or who sells, offers, or exposes the seed for sale within this
 2044  state.
 2045         (7)DEPARTMENT TO PRESCRIBE UNIFORM ANALYSIS TAG.—The
 2046  department shall have the authority to prescribe a uniform
 2047  analysis tag required by this section.
 2048  
 2049  The information required by this section to be placed on labels
 2050  attached to seed containers may not be modified or denied in the
 2051  labeling or on another label attached to the container. However,
 2052  labeling of seed supplied under a contractual agreement may be
 2053  by invoice accompanying the shipment or by an analysis tag
 2054  attached to the invoice if each bag or other container is
 2055  clearly identified by a lot number displayed on the bag or other
 2056  container. Each bag or container that is not so identified must
 2057  carry complete labeling.
 2058         Section 45. Section 578.091, Florida Statutes, is repealed.
 2059         Section 46. Subsections (2) and (3) of section 578.10,
 2060  Florida Statutes, are amended to read:
 2061         578.10 Exemptions.—
 2062         (2) The provisions of ss. 578.09 and 578.13 do not apply
 2063  to:
 2064         (a) To Seed or grain not intended for sowing or planting
 2065  purposes.
 2066         (b) To Seed stored in storage in, consigned to, or being
 2067  transported to seed cleaning or processing establishments for
 2068  cleaning or processing only. Any labeling or other
 2069  representation which may be made with respect to the unclean
 2070  seed is shall be subject to this law.
 2071         (c)Seed under development or maintained exclusively for
 2072  research purposes.
 2073         (3) If seeds cannot be identified by examination thereof, a
 2074  person is not subject to the criminal penalties of this chapter
 2075  for having sold or offered for sale seeds subject to this
 2076  chapter which were incorrectly labeled or represented as to
 2077  kind, species, and, if appropriate, subspecies, variety, type,
 2078  or origin, elevation, and, if required, year of collection
 2079  unless he or she has failed to obtain an invoice, genuine
 2080  grower’s or tree seed collector’s declaration, or other labeling
 2081  information and to take such other precautions as may be
 2082  reasonable to ensure the identity of the seeds to be as stated
 2083  by the grower. A genuine grower’s declaration of variety must
 2084  affirm that the grower holds records of proof of identity
 2085  concerning parent seed, such as invoice and labels No person
 2086  shall be subject to the criminal penalties of this law for
 2087  having sold, offered, exposed, or distributed for sale in this
 2088  state any agricultural, vegetable, or forest tree seed which
 2089  were incorrectly labeled or represented as to kind and variety
 2090  or origin, which seed cannot be identified by examination
 2091  thereof, unless she or he has failed to obtain an invoice or
 2092  grower’s declaration giving kind and variety and origin.
 2093         Section 47. Section 578.11, Florida Statutes, is amended to
 2094  read:
 2095         578.11 Duties, authority, and rules of the department.—
 2096         (1) The duty of administering this law and enforcing its
 2097  provisions and requirements shall be vested in the Department of
 2098  Agriculture and Consumer Services, which is hereby authorized to
 2099  employ such agents and persons as in its judgment shall be
 2100  necessary therefor. It shall be the duty of the department,
 2101  which may act through its authorized agents, to sample, inspect,
 2102  make analyses of, and test agricultural, vegetable, flower, or
 2103  forest tree, or shrub seed transported, sold, offered or exposed
 2104  for sale, or distributed within this state for sowing or
 2105  planting purposes, at such time and place and to such extent as
 2106  it may deem necessary to determine whether said agricultural,
 2107  vegetable, flower, or forest tree, or shrub seed are in
 2108  compliance with the provisions of this law, and to notify
 2109  promptly the person who transported, distributed, sold, offered
 2110  or exposed the seed for sale, of any violation.
 2111         (2) The department is authorized to:
 2112         (a) To Enforce this chapter act and prescribe the methods
 2113  of sampling, inspecting, testing, and examining agricultural,
 2114  vegetable, flower, or forest tree, or shrub seed.
 2115         (b) To Establish standards and tolerances to be followed in
 2116  the administration of this law, which shall be in general accord
 2117  with officially prescribed practices in interstate commerce.
 2118         (c) To Prescribe uniform labels.
 2119         (d) To Adopt prohibited and restricted noxious weed seed
 2120  lists.
 2121         (e) To Prescribe limitations for each restricted noxious
 2122  weed to be used in enforcement of this chapter act and to add or
 2123  subtract therefrom from time to time as the need may arise.
 2124         (f) To Make commercial tests of seed and to fix and collect
 2125  charges for such tests.
 2126         (g) To List the kinds of flower, and forest tree, and shrub
 2127  seed subject to this law.
 2128         (h) To Analyze samples, as requested by a consumer. The
 2129  department shall establish, by rule, a fee schedule for
 2130  analyzing samples at the request of a consumer. The fees shall
 2131  be sufficient to cover the costs to the department for taking
 2132  the samples and performing the analysis, not to exceed $150 per
 2133  sample.
 2134         (i) To Adopt rules pursuant to ss. 120.536(1) and 120.54 to
 2135  implement the provisions of this chapter act.
 2136         (j) To Establish, by rule, requirements governing aircraft
 2137  used for the aerial application of seed, including requirements
 2138  for recordkeeping, annual aircraft registration, secure storage
 2139  when not in use, area-of-application information, and reporting
 2140  any sale, lease, purchase, rental, or transfer of such aircraft
 2141  to another person.
 2142         (3) For the purpose of carrying out the provisions of this
 2143  law, the department, through its authorized agents, is
 2144  authorized to:
 2145         (a) To Enter upon any public or private premises, where
 2146  agricultural, vegetable, flower, or forest tree, or shrub seed
 2147  is sold, offered, exposed, or distributed for sale during
 2148  regular business hours, in order to have access to seed subject
 2149  to this law and the rules and regulations hereunder.
 2150         (b) To Issue and enforce a stop-sale notice or order to the
 2151  owner or custodian of any lot of agricultural, vegetable,
 2152  flower, or forest tree, or shrub seed, which the department
 2153  finds or has good reason to believe is in violation of any
 2154  provisions of this law, which shall prohibit further sale,
 2155  barter, exchange, or distribution of such seed until the
 2156  department is satisfied that the law has been complied with and
 2157  has issued a written release or notice to the owner or custodian
 2158  of such seed. After a stop-sale notice or order has been issued
 2159  against or attached to any lot of seed and the owner or
 2160  custodian of such seed has received confirmation that the seed
 2161  does not comply with this law, she or he has shall have 15 days
 2162  beyond the normal test period within which to comply with the
 2163  law and obtain a written release of the seed. The provisions of
 2164  This paragraph may shall not be construed as limiting the right
 2165  of the department to proceed as authorized by other sections of
 2166  this law.
 2167         (c) To Establish and maintain a seed laboratory, employ
 2168  seed analysts and other personnel, and incur such other expenses
 2169  as may be necessary to comply with these provisions.
 2170         Section 48. Section 578.12, Florida Statutes, is amended to
 2171  read:
 2172         578.12 Stop-sale, stop-use, removal, or hold orders.—When
 2173  agricultural, vegetable, flower, or forest tree, or shrub seed
 2174  is being offered or exposed for sale or held in violation of any
 2175  of the provisions of this chapter, the department, through its
 2176  authorized representative, may issue and enforce a stop-sale,
 2177  stop-use, removal, or hold order to the owner or custodian of
 2178  said seed ordering it to be held at a designated place until the
 2179  law has been complied with and said seed is released in writing
 2180  by the department or its authorized representative. If seed is
 2181  not brought into compliance with this law it shall be destroyed
 2182  within 30 days or disposed of by the department in such a manner
 2183  as it shall by regulation prescribe.
 2184         Section 49. Section 578.13, Florida Statutes, is amended to
 2185  read:
 2186         578.13 Prohibitions.—
 2187         (1) It shall be unlawful for any person to sell, distribute
 2188  for sale, offer for sale, expose for sale, handle for sale, or
 2189  solicit orders for the purchase of any agricultural, vegetable,
 2190  flower, or forest tree, or shrub, seed within this state:
 2191         (a) Unless the test to determine the percentage of
 2192  germination required by s. 578.09 has shall have been completed
 2193  within a period of 7 months, exclusive of the calendar month in
 2194  which the test was completed, immediately prior to sale,
 2195  exposure for sale, offering for sale, or transportation, except
 2196  for a germination test for seed in hermetically sealed
 2197  containers which is provided for in s. 578.092 s. 578.28.
 2198         (b) Not labeled in accordance with the provisions of this
 2199  law, or having false or misleading labeling.
 2200         (c) Pertaining to which there has been a false or
 2201  misleading advertisement.
 2202         (d) Containing noxious weed seeds subject to tolerances and
 2203  methods of determination prescribed in the rules and regulations
 2204  under this law.
 2205         (e) Unless a seed license has been obtained in accordance
 2206  with the provisions of this law.
 2207         (f) Unless such seed conforms to the definition of a “lot
 2208  of seed.”
 2209         (2) It shall be unlawful for a any person within this state
 2210  to:
 2211         (a) To Detach, deface, destroy, or use a second time any
 2212  label or tag provided for in this law or in the rules and
 2213  regulations made and promulgated hereunder or to alter or
 2214  substitute seed in a manner that may defeat the purpose of this
 2215  law.
 2216         (b) To Disseminate any false or misleading advertisement
 2217  concerning agricultural, vegetable, flower, or forest tree ,or
 2218  shrub seed in any manner or by any means.
 2219         (c) To Hinder or obstruct in any way any authorized person
 2220  in the performance of her or his duties under this law.
 2221         (d) To Fail to comply with a stop-sale order or to move,
 2222  handle, or dispose of any lot of seed, or tags attached to such
 2223  seed, held under a “stop-sale” order, except with express
 2224  permission of the department and for the purpose specified by
 2225  the department or seizure order.
 2226         (e) Label, advertise, or otherwise represent seed subject
 2227  to this chapter to be certified seed or any class thereof,
 2228  including classes such as “registered seed,” “foundation seed,”
 2229  “breeder seed” or similar representations, unless:
 2230         1.A seed certifying agency determines that such seed
 2231  conformed to standards of purity and identify as to the kind,
 2232  variety, or species and, if appropriate, subspecies and the seed
 2233  certifying agency also determines that tree or shrub seed was
 2234  found to be of the origin and elevation claimed, in compliance
 2235  with the rules and regulations of such agency pertaining to such
 2236  seed; and
 2237         2.The seed bears an official label issued for such seed by
 2238  a seed certifying agency certifying that the seed is of a
 2239  specified class and specified to the kind, variety, or species
 2240  and, if appropriate, subspecies.
 2241         (f)Label, by variety name, seed not certified by an
 2242  official seed-certifying agency when it is a variety for which a
 2243  certificate of plant variety protection under the United States
 2244  Plant Variety Protection Act, 7 U.S.C. 2321 et. seq., specifies
 2245  sale only as a class of certified seed, except that seed from a
 2246  certified lot may be labeled as to variety name when used in a
 2247  mixture by, or with the written approval of, the owner of the
 2248  variety. To sell, distribute for sale, offer for sale, expose
 2249  for sale, handle for sale, or solicit orders for the purchase of
 2250  any agricultural, vegetable, flower, or forest tree seed labeled
 2251  “certified seed,” “registered seed,” “foundation seed,” “breeder
 2252  seed,” or similar terms, unless it has been produced and labeled
 2253  under seal in compliance with the rules and regulations of any
 2254  agency authorized by law.
 2255         (g)(f)To Fail to keep a complete record, including a file
 2256  sample which shall be retained for 1 year after seed is sold, of
 2257  each lot of seed and to make available for inspection such
 2258  records to the department or its duly authorized agents.
 2259         (h)(g)To Use the name of the Department of Agriculture and
 2260  Consumer Services or Florida State Seed Laboratory in connection
 2261  with analysis tag, labeling advertisement, or sale of any seed
 2262  in any manner whatsoever.
 2263         Section 50. Section 578.14, Florida Statutes, is repealed.
 2264         Section 51. Subsection (1) of section 578.181, Florida
 2265  Statutes, is amended to read:
 2266         578.181 Penalties; administrative fine.—
 2267         (1) The department may enter an order imposing one or more
 2268  of the following penalties against a person who violates this
 2269  chapter or the rules adopted under this chapter or who impedes,
 2270  obstructs, or hinders, or otherwise attempts to prevent the
 2271  department from performing its duty in connection with
 2272  performing its duties under this chapter:
 2273         (a) For a minor violation, issuance of a warning letter.
 2274         (b) For violations other than a minor violation:
 2275         1. Imposition of an administrative fine in the Class I
 2276  category pursuant to s. 570.971 for each occurrence after the
 2277  issuance of a warning letter.
 2278         2.(c) Revocation or suspension of the registration as a
 2279  seed dealer.
 2280         Section 52. Section 578.23, Florida Statutes, is amended to
 2281  read:
 2282         578.23 Dealers’ Records to be kept available.—Each person
 2283  who allows his or her name or brand to appear on the label as
 2284  handling agricultural, vegetable, flower, tree, or shrub seeds
 2285  subject to this chapter must keep, for 2 years, complete records
 2286  of each lot of agricultural, vegetable, flower, tree, or shrub
 2287  seed handled, and keep for 1 year after final disposition a file
 2288  sample of each lot of seed. All such records and samples
 2289  pertaining to the shipment or shipments involved must be
 2290  accessible for inspection by the department or its authorized
 2291  representative during normal business hours Every seed dealer
 2292  shall make and keep for a period of 3 years satisfactory records
 2293  of all agricultural, vegetable, flower, or forest tree seed
 2294  bought or handled to be sold, which records shall at all times
 2295  be made readily available for inspection, examination, or audit
 2296  by the department. Such records shall also be maintained by
 2297  persons who purchase seed for production of plants for resale.
 2298         Section 53. Section 578.26, Florida Statutes, is amended to
 2299  read:
 2300         578.26 Complaint, investigation, hearings, findings, and
 2301  recommendation prerequisite to legal action.—
 2302         (1)(a) When any buyer farmer is damaged by the failure of
 2303  agricultural, vegetable, flower, or forest tree, or shrub seed
 2304  planted in this state to produce or perform as represented by
 2305  the labeling of such label attached to the seed as required by
 2306  s. 578.09, as a prerequisite to her or his right to maintain a
 2307  legal action against the dealer from whom the seed was
 2308  purchased, the buyer must farmer shall make a sworn complaint
 2309  against the dealer alleging damages sustained. The complaint
 2310  shall be filed with the department, and a copy of the complaint
 2311  shall be served by the department on the dealer by certified
 2312  mail, within such time as to permit inspection of the property,
 2313  crops, plants, or trees referenced in, or related to, the
 2314  buyer’s complaint by the seed investigation and conciliation
 2315  council or its representatives and by the dealer from whom the
 2316  seed was purchased.
 2317         (b)For types of claims specified in paragraph (a), the
 2318  buyer may not commence legal proceedings against the dealer or
 2319  assert such a claim as a counterclaim or defense in any action
 2320  brought by the dealer until the findings and recommendations of
 2321  the seed investigation and conciliation council are transmitted
 2322  to the complainant and the dealer.
 2323         (c)(b) Language setting forth the requirement for filing
 2324  and serving the complaint shall be legibly typed or printed on
 2325  the analysis label or be attached to the package containing the
 2326  seed at the time of purchase by the buyer farmer.
 2327         (d)(c) A nonrefundable filing fee of $100 shall be paid to
 2328  the department with each complaint filed. However, the
 2329  complainant may recover the filing fee cost from the dealer upon
 2330  the recommendation of the seed investigation and conciliation
 2331  council.
 2332         (2) Within 15 days after receipt of a copy of the
 2333  complaint, the dealer shall file with the department her or his
 2334  answer to the complaint and serve a copy of the answer on the
 2335  buyer farmer by certified mail. Upon receipt of the findings and
 2336  recommendation of the arbitration council, the department shall
 2337  transmit them to the farmer and to the dealer by certified mail.
 2338         (3) The department shall refer the complaint and the answer
 2339  thereto to the seed investigation and conciliation council
 2340  provided in s. 578.27 for investigation, informal hearing,
 2341  findings, and recommendation on the matters complained of.
 2342         (a) Each party must shall be allowed to present its side of
 2343  the dispute at an informal hearing before the seed investigation
 2344  and conciliation council. Attorneys may be present at the
 2345  hearing to confer with their clients. However, no attorney may
 2346  participate directly in the proceeding.
 2347         (b) Hearings, including the deliberations of the seed
 2348  investigation and conciliation council, must shall be open to
 2349  the public.
 2350         (c) Within 30 days after completion of a hearing, the seed
 2351  investigation and conciliation council shall transmit its
 2352  findings and recommendations to the department. Upon receipt of
 2353  the findings and recommendation of the seed investigation and
 2354  conciliation council, the department shall transmit them to the
 2355  buyer farmer and to the dealer by certified mail.
 2356         (4) The department shall provide administrative support for
 2357  the seed investigation and conciliation council and shall mail a
 2358  copy of the council’s procedures to each party upon receipt of a
 2359  complaint by the department.
 2360         Section 54. Subsections (1), (2), and (4) of section
 2361  578.27, Florida Statutes, are amended to read:
 2362         578.27 Seed investigation and conciliation council;
 2363  composition; purpose; meetings; duties; expenses.—
 2364         (1) The Commissioner of Agriculture shall appoint a seed
 2365  investigation and conciliation council composed of seven members
 2366  and seven alternate members, one member and one alternate to be
 2367  appointed upon the recommendation of each of the following: the
 2368  deans of extension and research, Institute of Food and
 2369  Agricultural Sciences, University of Florida; president of the
 2370  Florida Seed Seedsmen and Garden Supply Association; president
 2371  of the Florida Farm Bureau Federation; and the president of the
 2372  Florida Fruit and Vegetable Association. The Commissioner of
 2373  Agriculture shall appoint a representative and an alternate from
 2374  the agriculture industry at large and from the Department of
 2375  Agriculture and Consumer Services. Each member shall be
 2376  appointed for a term of 4 years or less and shall serve until
 2377  his or her successor is appointed Initially, three members and
 2378  their alternates shall be appointed for 4-year terms and four
 2379  members and their alternates shall be appointed for 2-year
 2380  terms. Thereafter, members and alternates shall be appointed for
 2381  4-year terms. Each alternate member shall serve only in the
 2382  absence of the member for whom she or he is an alternate. A
 2383  vacancy shall be filled for the remainder of the unexpired term
 2384  in the same manner as the original appointment. The council
 2385  shall annually elect a chair from its membership. It shall be
 2386  the duty of the chair to conduct all meetings and deliberations
 2387  held by the council and to direct all other activities of the
 2388  council. The department representative shall serve as secretary
 2389  of the council. It shall be the duty of the secretary to keep
 2390  accurate and correct records on all meetings and deliberations
 2391  and perform other duties for the council as directed by the
 2392  chair.
 2393         (2) The purpose of the seed investigation and conciliation
 2394  council is to assist buyers farmers and agricultural seed
 2395  dealers in determining the validity of seed complaints made by
 2396  buyers farmers against dealers and recommend a settlement, when
 2397  appropriate, cost damages resulting from the alleged failure of
 2398  the seed to produce or perform as represented by the label of
 2399  such on the seed package.
 2400         (4)(a) When the department refers to the seed investigation
 2401  and conciliation council any complaint made by a buyer farmer
 2402  against a dealer, the said council must shall make a full and
 2403  complete investigation of the matters complained of and at the
 2404  conclusion of the said investigation must shall report its
 2405  findings and make its recommendation of cost damages and file
 2406  same with the department.
 2407         (b) In conducting its investigation, the seed investigation
 2408  and conciliation council or any representative, member, or
 2409  members thereof are authorized to examine the buyer’s property,
 2410  crops, plants, or trees referenced in or relating to the
 2411  complaint farmer on her or his farming operation of which she or
 2412  he complains and the dealer on her or his packaging, labeling,
 2413  and selling operation of the seed alleged to be faulty; to grow
 2414  to production a representative sample of the alleged faulty seed
 2415  through the facilities of the state, under the supervision of
 2416  the department when such action is deemed to be necessary; to
 2417  hold informal hearings at a time and place directed by the
 2418  department or by the chair of the council upon reasonable notice
 2419  to the buyer farmer and the dealer.
 2420         (c) Any investigation made by less than the whole
 2421  membership of the council must shall be by authority of a
 2422  written directive by the department or by the chair, and such
 2423  investigation must shall be summarized in writing and considered
 2424  by the council in reporting its findings and making its
 2425  recommendation.
 2426         Section 55. Section 578.28, Florida Statutes, is renumbered
 2427  as section 578.092, Florida Statutes, and amended to read:
 2428         578.092 578.28 Seed in hermetically sealed containers.—The
 2429  period of validity of germination tests is extended to the
 2430  following periods for seed packaged in hermetically sealed
 2431  containers, under conditions and label requirements set forth in
 2432  this section:
 2433         (1) GERMINATION TESTS.—The germination test for
 2434  agricultural and vegetable seed must shall have been completed
 2435  within the following periods, exclusive of the calendar month in
 2436  which the test was completed, immediately prior to shipment,
 2437  delivery, transportation, or sale:
 2438         (a) In the case of agricultural or vegetable seed shipped,
 2439  delivered, transported, or sold to a dealer for resale, 18
 2440  months;
 2441         (b) In the case of agricultural or vegetable seed for sale
 2442  or sold at retail, 24 months.
 2443         (2) CONDITIONS OF PACKAGING.—The following conditions are
 2444  considered as minimum:
 2445         (a) Hermetically sealed packages or containers.—A
 2446  container, to be acceptable under the provisions of this
 2447  section, shall not allow water vapor penetration through any
 2448  wall, including the wall seals, greater than 0.05 gram of water
 2449  per 24 hours per 100 square inches of surface at 100 °F. with a
 2450  relative humidity on one side of 90 percent and on the other of
 2451  0 percent. Water vapor penetration (WVP) is measured by the
 2452  standards of the National Institute of Standards and Technology
 2453  as: gm H2O/24 hr./100 sq. in./100 °F/90 percent RH V. 0 percent
 2454  RH.
 2455         (b) Moisture of seed packaged.—The moisture of agricultural
 2456  or vegetable seed subject to the provisions of this section
 2457  shall be established by rule of the department.
 2458         (3) LABELING REQUIRED.—In addition to the labeling required
 2459  by s. 578.09, seed packaged under the provisions of this section
 2460  shall be labeled with the following information:
 2461         (a) Seed has been preconditioned as to moisture content.
 2462         (b) Container is hermetically sealed.
 2463         (c) “Germination test valid until (month, year)” may be
 2464  used. (Not to exceed 24 months from date of test).
 2465         Section 56. Section 578.29, Florida Statutes, is created to
 2466  read:
 2467         578.29Prohibited noxious weed seed.—Seeds meeting the
 2468  definition of prohibited noxious weed seed under s. 578.011, may
 2469  not be present in agricultural, vegetable, flower, tree, or
 2470  shrub seed offered or exposed for sale in this state.
 2471         Section 57. Subsection (1) of section 590.02, Florida
 2472  Statutes, is amended to read:
 2473         590.02 Florida Forest Service; powers, authority, and
 2474  duties; liability; building structures; Withlacoochee Training
 2475  Center.—
 2476         (1) The Florida Forest Service has the following powers,
 2477  authority, and duties to:
 2478         (a) To Enforce the provisions of this chapter;
 2479         (b) To Prevent, detect, and suppress wildfires wherever
 2480  they may occur on public or private land in this state and to do
 2481  all things necessary in the exercise of such powers, authority,
 2482  and duties;
 2483         (c) To Provide firefighting crews, who shall be under the
 2484  control and direction of the Florida Forest Service and its
 2485  designated agents;
 2486         (d) To Appoint center managers, forest area supervisors,
 2487  forestry program administrators, a forest protection bureau
 2488  chief, a forest protection assistant bureau chief, a field
 2489  operations bureau chief, deputy chiefs of field operations,
 2490  district managers, forest operations administrators, senior
 2491  forest rangers, investigators, forest rangers, firefighter
 2492  rotorcraft pilots, and other employees who may, at the Florida
 2493  Forest Service’s discretion, be certified as forestry
 2494  firefighters pursuant to s. 633.408(8). Other law
 2495  notwithstanding, center managers, district managers, forest
 2496  protection assistant bureau chief, and deputy chiefs of field
 2497  operations have shall have Selected Exempt Service status in the
 2498  state personnel designation;
 2499         (e) To Develop a training curriculum for forestry
 2500  firefighters which must contain the basic volunteer structural
 2501  fire training course approved by the Florida State Fire College
 2502  of the Division of State Fire Marshal and a minimum of 250 hours
 2503  of wildfire training;
 2504         (f) Pay the cost of the initial commercial driver license
 2505  examination fee for those employees whose position requires them
 2506  to operate equipment requiring a license. This paragraph is
 2507  intended to be an authorization to the department to pay such
 2508  costs, not an obligation To make rules to accomplish the
 2509  purposes of this chapter;
 2510         (g) To Provide fire management services and emergency
 2511  response assistance and to set and charge reasonable fees for
 2512  performance of those services. Moneys collected from such fees
 2513  shall be deposited into the Incidental Trust Fund of the Florida
 2514  Forest Service;
 2515         (h) To Require all state, regional, and local government
 2516  agencies operating aircraft in the vicinity of an ongoing
 2517  wildfire to operate in compliance with the applicable state
 2518  Wildfire Aviation Plan; and
 2519         (i) To Authorize broadcast burning, prescribed burning,
 2520  pile burning, and land clearing debris burning to carry out the
 2521  duties of this chapter and the rules adopted thereunder; and
 2522         (j)Make rules to accomplish the purposes of this chapter.
 2523         Section 58. Subsection (9) of section 790.06, Florida
 2524  Statutes, are amended to read:
 2525         790.06 License to carry concealed weapon or firearm.—
 2526         (9) In the event that a concealed weapon or firearm license
 2527  is lost or destroyed, the license shall be automatically
 2528  invalid, and the person to whom the same was issued may, upon
 2529  payment of $15 to the Department of Agriculture and Consumer
 2530  Services, obtain a duplicate, or substitute thereof, upon
 2531  furnishing a notarized statement under oath to the Department of
 2532  Agriculture and Consumer Services that such license has been
 2533  lost or destroyed.
 2534         Section 59. Subsections (5) and (8) of section 790.0625,
 2535  Florida Statutes, are amended, and sections (9) and (10) are
 2536  added to that section, to read:
 2537         790.0625 Appointment of tax collectors to accept
 2538  applications for a concealed weapon or firearm license; fees;
 2539  penalties.—
 2540         (5) A tax collector appointed under this section shall
 2541  collect and remit weekly to the department the license fees
 2542  pursuant to s. 790.06 for deposit in the Division of Licensing
 2543  Trust Fund and may collect and retain a convenience fees for the
 2544  following: fee of $22 for each new application and $12 for each
 2545  renewal application and shall remit weekly to the department the
 2546  license fees pursuant to s. 790.06 for deposit in the Division
 2547  of Licensing Trust Fund.
 2548         (a)Twenty-two dollars for each new application.
 2549         (b)Twelve dollars for each renewal application.
 2550         (c)Twelve dollars for each duplicate license issued to
 2551  replace a lost or destroyed license.
 2552         (d)Six dollars for fingerprinting.
 2553         (e)Six dollars for photographing services associated with
 2554  the completion of an application submitted online.
 2555         (8) Upon receipt of a completed renewal application, a new
 2556  color photograph, and appropriate payment of required fees, a
 2557  tax collector authorized to accept renewal applications for
 2558  concealed weapon or firearm licenses under this section may,
 2559  upon approval and confirmation of license issuance by the
 2560  department, print and deliver a concealed weapon or firearm
 2561  license to a licensee renewing his or her license at the tax
 2562  collector’s office.
 2563         (9)Upon receipt of a statement under oath to the
 2564  department, and the payment of required fees, a tax collector
 2565  authorized to accept applications for concealed weapon or
 2566  firearm licenses under this section may, upon approval and
 2567  confirmation from the department that a license is in good
 2568  standing, print and deliver a concealed weapon or firearm
 2569  license to a licensee whose license has been lost or destroyed.
 2570         (10)Tax collectors authorized to accept applications for
 2571  concealed weapon or firearm licenses under this section may
 2572  provide fingerprinting and photographing services to aid
 2573  concealed weapon and firearm applicants and licensees with
 2574  online initial and renewal applications.
 2575         Section 60. Section 817.417, Florida Statutes, is created
 2576  to read:
 2577         817.417Government Impostor and Deceptive Advertisement
 2578  Act.—
 2579         (1)SHORT TITLE.—This act may be cited as the “Government
 2580  Impostor and Deceptive Advertisements Act.”
 2581         (2)DEFINITIONS.—As used in this section:
 2582         (a)“Advertisement” means any representation disseminated
 2583  in any manner or by any means, other than by a label, for the
 2584  purpose of inducing, or which is reasonably likely to induce,
 2585  directly or indirectly, a purchase.
 2586         (b)“Department” means the Department of Agriculture and
 2587  Consumer Services.
 2588         (c)“Governmental entity” means a political subdivision or
 2589  agency of any state, possession, or territory of the United
 2590  States, or the Federal Government, including, but not limited
 2591  to, a board, a department, an office, an agency, a military
 2592  veteran entity, or a military or veteran service organization by
 2593  whatever name known.
 2594         (3)DUTIES AND RESPONSIBILITIES.—The department has the
 2595  duty and responsibility to:
 2596         (a)Investigate potential violations of this section.
 2597         (b)Request and obtain information regarding potential
 2598  violations of this section.
 2599         (c)Seek compliance with this section.
 2600         (d)Enforce this section.
 2601         (e)Adopt rules necessary to administer this section.
 2602         (4)VIOLATIONS.—Each occurrence of the following acts or
 2603  practices constitute a violation of this section:
 2604         (a)Disseminating an advertisement that:
 2605         1.Simulates a summons, complaint, jury notice, or other
 2606  court, judicial, or administrative process of any kind.
 2607         2.Represents, implies, or otherwise engages in an action
 2608  that may reasonably cause confusion that the person using or
 2609  employing the advertisement is a part of or associated with a
 2610  governmental entity, when such is not true.
 2611         (b)Representing, implying, or otherwise reasonably causing
 2612  confusion that goods, services, an advertisement, or an offer
 2613  was disseminated by or has been approved, authorized, or
 2614  endorsed, in whole or in part, by a governmental entity, when
 2615  such is not true.
 2616         (c)Using or employing language, symbols, logos,
 2617  representations, statements, titles, names, seals, emblems,
 2618  insignia, trade or brand names, business or control tracking
 2619  numbers, website or e-mail addresses, or any other term, symbol,
 2620  or other content that represents or implies or otherwise
 2621  reasonably causes confusion that goods, services, an
 2622  advertisement, or an offer is from a governmental entity, when
 2623  such is not true.
 2624         (d)Failing to provide the disclosures as required in
 2625  subsections (5) or (6).
 2626         (e)Failing to timely submit to the department written
 2627  responses and answers to its inquiries concerning alleged
 2628  practices inconsistent with, or in violation of, this section.
 2629  Responses or answers may include, but are not limited to, copies
 2630  of customer lists, invoices, receipts, or other business
 2631  records.
 2632         (5)NOTICE REGARDING DOCUMENT AVAILABILITY.—
 2633         (a)Any person offering documents that are available free
 2634  of charge or at a lesser price from a governmental entity must
 2635  provide the notice specified in paragraph (b) on advertisements
 2636  as follows:
 2637         1.For printed or written advertisements, notice must be in
 2638  the same font size, color, style, and visibility as primarily
 2639  used elsewhere on the page or envelope and displayed as follows:
 2640         a.On the outside front of any mailing envelope used in
 2641  disseminating the advertisement.
 2642         b.At the top of each printed or written page used in the
 2643  advertisement.
 2644         2.For electronic advertisements, notice must be in the
 2645  same font size, color, style, and visibility as the body text
 2646  primarily used in the e-mail or web page and displayed as
 2647  follows:
 2648         a.At the beginning of each e-mail message, before any
 2649  offer or other substantive information.
 2650         b.In a prominent location on each web page, such as the
 2651  top of each page or immediately following the offer or other
 2652  substantive information on the page.
 2653         (b)Advertisements specified in paragraph (a) must include
 2654  the following disclosure:
 2655  
 2656  “IMPORTANT NOTICE:
 2657  
 2658  The documents offered by this advertisement are available to
 2659  Florida consumers free of charge or for a lesser price from
 2660  ...(insert name, telephone number, and mailing address of the
 2661  applicable governmental entity).... You are NOT required to
 2662  purchase anything from this company and the company is NOT
 2663  affiliated, endorsed, or approved by any governmental entity.
 2664  The item offered in this advertisement has NOT been approved or
 2665  endorsed by any governmental agency, and this offer is NOT being
 2666  made by an agency of the government.”
 2667  
 2668         (6)NOTICE REGARDING CLAIM OF LEGAL COMPLIANCE.—
 2669         (a)Any person disseminating an advertisement that includes
 2670  a form or template to be completed by the consumer with the
 2671  claim that such form or template will assist the consumer in
 2672  complying with a legal filing or record retention requirement
 2673  must provide the notice specified in paragraph (b) on
 2674  advertisements as follows:
 2675         1.For printed or written advertisements, the notice must
 2676  be in the same font size, color, style, and visibility as
 2677  primarily used elsewhere on the page or envelope and displayed
 2678  as follows:
 2679         a.On the outside front of any mailing envelope used in
 2680  disseminating the advertisement.
 2681         b.At the top of each printed or written page used in the
 2682  advertisement.
 2683         2.For electronic advertisements, the notice must be in the
 2684  same font size, color, style, and visibility as the body text
 2685  primarily used in the e-mail or web page and displayed as
 2686  follows:
 2687         a.At the beginning of each e-mail message, before any
 2688  offer or other substantive information.
 2689         b.In a prominent location on each web page, such as the
 2690  top of each page or immediately following the offer or other
 2691  substantive information on the page.
 2692         (b)Advertisements specified in paragraph (a) must include
 2693  the following disclosure:
 2694  
 2695  “IMPORTANT NOTICE:
 2696  
 2697  You are NOT required to purchase anything from this company and
 2698  the company is NOT affiliated, endorsed, or approved by any
 2699  governmental entity. The item offered in this advertisement has
 2700  NOT been approved or endorsed by any governmental agency, and
 2701  this offer is NOT being made by an agency of the government.”
 2702  
 2703         (7)PENALTIES.—
 2704         (a)Any person substantially affected by a violation of
 2705  this section may bring an action in a court of proper
 2706  jurisdiction to enforce the provisions of this section. A person
 2707  prevailing in a civil action for a violation of this section
 2708  shall be awarded costs, including reasonable attorney fees, and
 2709  may be awarded punitive damages in addition to actual damages
 2710  proven. This provision is in addition to any other remedies
 2711  prescribed by law.
 2712         (b)The department may bring one or more of the following
 2713  for a violation of this section:
 2714         1.A civil action in circuit court for:
 2715         a.Temporary or permanent injunctive relief to enforce this
 2716  section.
 2717         b.For printed advertisements and e-mail, a fine of up to
 2718  $1,000 for each separately addressed advertisement or message
 2719  containing content in violation of paragraphs (4)(a)-(d)
 2720  received by or addressed to a state resident.
 2721         c.For websites, a fine of up to $5,000 for each day a
 2722  website, with content in violation of paragraphs (4)(a)-(d), is
 2723  published and made available to the general public.
 2724         d.For violations of paragraph (4)(e), a fine of up to
 2725  $5,000 for each violation.
 2726         e.Recovery of restitution and damages on behalf of persons
 2727  substantially affected by a violation of this section.
 2728         f.The recovery of court costs and reasonable attorney
 2729  fees.
 2730         2.An action for an administrative fine in the Class III
 2731  category pursuant to s. 570.971 for each act or omission which
 2732  constitutes a violation under this section.
 2733         (c)The department may terminate any investigation or
 2734  action upon agreement by the alleged offender to pay a
 2735  stipulated fine, make restitution, pay damages to customers, or
 2736  satisfy any other relief authorized by this section.
 2737         (d)In addition to any remedies or penalties set forth in
 2738  this section, any person who violates paragraphs (4) (a)-(d)
 2739  also commits an unfair or deceptive trade practice in violation
 2740  of part II of chapter 501 and is subject to the penalties and
 2741  remedies imposed for such violation.
 2742         Section 61. Paragraph (m) of subsection (3) of section
 2743  489.105, Florida Statutes, is amended to read:
 2744         489.105 Definitions.—As used in this part:
 2745         (3) “Contractor” means the person who is qualified for, and
 2746  is only responsible for, the project contracted for and means,
 2747  except as exempted in this part, the person who, for
 2748  compensation, undertakes to, submits a bid to, or does himself
 2749  or herself or by others construct, repair, alter, remodel, add
 2750  to, demolish, subtract from, or improve any building or
 2751  structure, including related improvements to real estate, for
 2752  others or for resale to others; and whose job scope is
 2753  substantially similar to the job scope described in one of the
 2754  paragraphs of this subsection. For the purposes of regulation
 2755  under this part, the term “demolish” applies only to demolition
 2756  of steel tanks more than 50 feet in height; towers more than 50
 2757  feet in height; other structures more than 50 feet in height;
 2758  and all buildings or residences. Contractors are subdivided into
 2759  two divisions, Division I, consisting of those contractors
 2760  defined in paragraphs (a)-(c), and Division II, consisting of
 2761  those contractors defined in paragraphs (d)-(q):
 2762         (m) “Plumbing contractor” means a contractor whose services
 2763  are unlimited in the plumbing trade and includes contracting
 2764  business consisting of the execution of contracts requiring the
 2765  experience, financial means, knowledge, and skill to install,
 2766  maintain, repair, alter, extend, or, if not prohibited by law,
 2767  design plumbing. A plumbing contractor may install, maintain,
 2768  repair, alter, extend, or, if not prohibited by law, design the
 2769  following without obtaining an additional local regulatory
 2770  license, certificate, or registration: sanitary drainage or
 2771  storm drainage facilities, water and sewer plants and
 2772  substations, venting systems, public or private water supply
 2773  systems, septic tanks, drainage and supply wells, swimming pool
 2774  piping, irrigation systems, and solar heating water systems and
 2775  all appurtenances, apparatus, or equipment used in connection
 2776  therewith, including boilers and pressure process piping and
 2777  including the installation of water, natural gas, liquefied
 2778  petroleum gas and related venting, and storm and sanitary sewer
 2779  lines. The scope of work of the plumbing contractor also
 2780  includes the design, if not prohibited by law, and installation,
 2781  maintenance, repair, alteration, or extension of air-piping,
 2782  vacuum line piping, oxygen line piping, nitrous oxide piping,
 2783  and all related medical gas systems; fire line standpipes and
 2784  fire sprinklers if authorized by law; ink and chemical lines;
 2785  fuel oil and gasoline piping and tank and pump installation,
 2786  except bulk storage plants; and pneumatic control piping
 2787  systems, all in a manner that complies with all plans,
 2788  specifications, codes, laws, and regulations applicable. The
 2789  scope of work of the plumbing contractor applies to private
 2790  property and public property, including any excavation work
 2791  incidental thereto, and includes the work of the specialty
 2792  plumbing contractor. Such contractor shall subcontract, with a
 2793  qualified contractor in the field concerned, all other work
 2794  incidental to the work but which is specified as being the work
 2795  of a trade other than that of a plumbing contractor. This
 2796  definition does not limit the scope of work of any specialty
 2797  contractor certified pursuant to s. 489.113(6) and does not
 2798  require certification or registration under this part as a
 2799  category I liquefied petroleum gas dealer, or category V LP gas
 2800  installer, as defined in s. 527.01, or specialty installer who
 2801  is licensed under chapter 527 or an authorized employee of a
 2802  public natural gas utility or of a private natural gas utility
 2803  regulated by the Public Service Commission when disconnecting
 2804  and reconnecting water lines in the servicing or replacement of
 2805  an existing water heater. A plumbing contractor may perform
 2806  drain cleaning and clearing and install or repair rainwater
 2807  catchment systems; however, a mandatory licensing requirement is
 2808  not established for the performance of these specific services.
 2809         Section 62. Subsection (3) of section 527.06, Florida
 2810  Statutes, is reenacted to read:
 2811         527.06 Rules.—
 2812         (3) Rules in substantial conformity with the published
 2813  standards of the National Fire Protection Association (NFPA) are
 2814  deemed to be in substantial conformity with the generally
 2815  accepted standards of safety concerning the same subject matter.
 2816         Section 63. This act shall take effect July 1, 2018.
 2817  
 2818  ================= T I T L E  A M E N D M E N T ================
 2819  And the title is amended as follows:
 2820         Delete everything before the enacting clause
 2821  and insert:
 2822                        A bill to be entitled                      
 2823         An act relating to the Department of Agriculture and
 2824         Consumer Services; amending s. 193.461, F.S.;
 2825         specifying a methodology for the assessment of certain
 2826         structures used in citrus production; amending s.
 2827         379.361, F.S.; transferring authority to issue
 2828         licenses for oyster harvesting in Apalachicola Bay
 2829         from the department to the City of Apalachicola;
 2830         revising the disposition and permitted uses of license
 2831         proceeds; amending s. 487.041, F.S.; deleting obsolete
 2832         provisions; deleting a requirement that all pesticide
 2833         registration fees be submitted electronically;
 2834         amending s. 493.6105, F.S.; revising the submission
 2835         requirements for a Class “K” firearm license
 2836         application; amending s. 493.6113, F.S.; revising
 2837         submission requirements for a Class “K” firearm
 2838         license renewal; amending s. 496.415, F.S.;
 2839         prohibiting the comingling of funds in connection with
 2840         the planning, conduct, or execution of any
 2841         solicitation or charitable or sponsor sales promotion;
 2842         amending s. 496.418, F.S.; revising recordkeeping and
 2843         accounting requirements for solicitations of funds;
 2844         specifying a rebuttable presumption under certain
 2845         circumstances; amending s. 500.459, F.S.; revising
 2846         permitting requirements and operating standards for
 2847         water vending machines; amending s. 501.059, F.S.;
 2848         revising the term “telephonic sales call” to include
 2849         voicemail transmissions; defining the term “voicemail
 2850         transmission”; prohibiting the transmission of
 2851         voicemails to specified persons who communicate to a
 2852         telephone solicitor that they would not like to
 2853         receive certain voicemail solicitations or requests
 2854         for donations; requiring a solicitor to ensure that if
 2855         a telephone number is available through a caller
 2856         identification system, that telephone number must be
 2857         capable of receiving calls and must connect the
 2858         original call recipient to the solicitor; revising
 2859         civil penalties; creating s. 501.6175, F.S.;
 2860         specifying recordkeeping requirements for commercial
 2861         telephone sellers; amending s. 501.912, F.S.; revising
 2862         terms; amending s. 501.913, F.S.; authorizing
 2863         antifreeze brands to be registered for a specified
 2864         period; deleting a provision relating to the
 2865         registration of brands that are no longer in
 2866         production; specifying a certified report requirement
 2867         for first-time applications; amending s. 501.917,
 2868         F.S.; revising department sampling and analysis
 2869         requirements for antifreeze; specifying that the
 2870         certificate of analysis is prima facie evidence of the
 2871         facts stated therein; amending s. 501.92, F.S.;
 2872         revising when the department may require an antifreeze
 2873         formula for analysis; amending s. 525.07, F.S.;
 2874         authorizing the department to seize skimming devices
 2875         without a warrant; amending s. 526.304, F.S.;
 2876         authorizing the department to temporarily suspend
 2877         enforcement, for specified purposes during states of
 2878         emergency, of certain provisions relating to predatory
 2879         practices in the retail sale of motor fuel; amending
 2880         s. 526.305, F.S.; authorizing the department to
 2881         temporarily suspend enforcement, for specified
 2882         purposes during states of emergency, of certain
 2883         provisions relating to discriminatory practices in
 2884         sale of motor fuel; amending s. 526.51, F.S.; revising
 2885         application requirements and fees for brake fluid
 2886         brands; deleting a provision relating to the
 2887         registration of brands that are no longer in
 2888         production; amending s. 526.53, F.S.; revising
 2889         department sampling and analysis requirements for
 2890         brake fluid; specifying that the certificate of
 2891         analysis is prima facie evidence of the facts stated
 2892         therein; amending s. 527.01, F.S.; revising terms;
 2893         amending s. 527.02, F.S.; revising the persons subject
 2894         to liquefied petroleum business licensing provisions;
 2895         revising such licensing fees and requirements;
 2896         revising reporting and fee requirements for certain
 2897         material changes to license information; deleting a
 2898         provision authorizing license transfers; amending s.
 2899         527.0201, F.S.; revising the persons subject to
 2900         liquefied petroleum qualifier competency examination,
 2901         registry, supervisory, and employment requirements;
 2902         revising the expiration of qualifier registrations;
 2903         revising the persons subject to master qualifier
 2904         requirements; revising master qualifier application
 2905         requirements; deleting provisions specifying that a
 2906         failure to replace master qualifiers within certain
 2907         periods constitutes grounds for license revocation;
 2908         deleting a provision relating to facsimile
 2909         transmission of duplicate licenses; amending s.
 2910         527.021, F.S.; revising the circumstances under which
 2911         liquefied petroleum gas bulk delivery vehicles must be
 2912         registered with the department; amending s. 527.03,
 2913         F.S.; authorizing certain liquefied petroleum gas
 2914         registrations to be renewed for 2 or 3 years; deleting
 2915         certain renewal period requirements; amending s.
 2916         527.04, F.S.; revising the persons required to provide
 2917         the department with proof of insurance; revising the
 2918         required payee for a bond in lieu of such insurance;
 2919         amending s. 527.0605, F.S.; deleting provisions
 2920         requiring licensees to submit a site plan and review
 2921         fee for liquefied petroleum bulk storage container
 2922         locations; amending s. 527.065, F.S.; revising the
 2923         circumstances under which a liquefied petroleum gas
 2924         licensee must notify the department of an accident;
 2925         amending s. 527.067, F.S.; requiring certain liquefied
 2926         petroleum gas dealers to provide notice within a
 2927         specified period before rendering a consumer’s
 2928         liquefied petroleum gas equipment or system inoperable
 2929         or discontinuing service; providing an exception;
 2930         amending ss. 527.10 and 527.21, F.S.; conforming
 2931         provisions to changes made by the act; amending s.
 2932         527.22, F.S.; deleting an obsolete provision; amending
 2933         s. 531.67, F.S.; extending the expiration date of
 2934         certain provisions relating to permits for
 2935         commercially operated or tested weights or measures
 2936         instruments or devices; amending s. 534.47, F.S.;
 2937         revising and providing definitions; amending s.
 2938         534.49, F.S.; conforming provisions to changes made by
 2939         the act; repealing s. 534.50, F.S., relating to
 2940         reporting and notice requirements for dishonored
 2941         checks and drafts for payment of livestock purchases;
 2942         amending s. 534.501, F.S.; providing that delaying or
 2943         failing to make payment for certain livestock is an
 2944         unfair and deceptive act; repealing s. 534.51, F.S.,
 2945         relating to the prohibition of the filing of
 2946         complaints by certain livestock markets; amending s.
 2947         534.54, F.S.; providing that purchasers who delay or
 2948         fail to render payment for purchased livestock are
 2949         liable for certain fees, costs, and expenses;
 2950         conforming provisions to changes made by the act;
 2951         amending s. 570.07, F.S.; authorizing the department
 2952         to waive certain fees during a state of emergency;
 2953         amending s. 573.111, F.S.; revising the required
 2954         posting location for the issuance of an agricultural
 2955         commodity marketing order; amending s. 578.011, F.S.;
 2956         revising and defining terms; creating s. 578.012,
 2957         F.S.; providing legislative intent; creating a
 2958         preemption of local law relating to regulation of
 2959         seed; amending s. 578.08, F.S.; revising application
 2960         requirements for the registration of seed dealers;
 2961         conforming provisions to changes made by the act;
 2962         specifying that a receipt from the department need not
 2963         be written to constitute a permit; deleting an
 2964         exception to registration requirements for certain
 2965         experiment stations; requiring the payment of fees
 2966         when packet seed is placed into commerce; amending s.
 2967         578.09, F.S.; revising labeling requirements for
 2968         agricultural, vegetable, flower, tree, and shrub
 2969         seeds; conforming a cross-reference; repealing s.
 2970         578.091, F.S., relating to labeling of forest tree
 2971         seed; amending s. 578.10, F.S.; revising exemptions to
 2972         seed labeling, sale, and solicitation requirements;
 2973         amending s. 578.11, F.S.; conforming provisions to
 2974         changes made by the act; making technical changes;
 2975         amending s. 578.12, F.S.; conforming provisions to
 2976         changes made by the act; amending s. 578.13, F.S.;
 2977         conforming provisions to changes made by the act;
 2978         specifying that it is unlawful to move, handle, or
 2979         dispose of seeds or tags under a stop-sale notice or
 2980         order without permission from the department;
 2981         specifying that it is unlawful to represent seed as
 2982         certified except under specified conditions or to
 2983         label seed with a variety name under certain
 2984         conditions; repealing s. 578.14, F.S., relating to
 2985         packet vegetable and flower seed; amending s. 578.181,
 2986         F.S.; revising penalties; amending s. 578.23, F.S.;
 2987         revising recordkeeping requirements relating to seed
 2988         labeling; amending s. 578.26, F.S.; conforming
 2989         provisions to changes made by the act; specifying that
 2990         certain persons may not commence legal proceedings or
 2991         make certain claims against a seed dealer before
 2992         certain findings and recommendations are transmitted
 2993         by the seed investigation and conciliation council to
 2994         the complainant and dealer; deleting a requirement
 2995         that the department transmit such findings and
 2996         recommendations to complainants and dealers; requiring
 2997         the department to mail a copy of the council’s
 2998         procedures to both parties upon receipt of a
 2999         complaint; amending s. 578.27, F.S.; removing
 3000         alternate membership from the seed investigation and
 3001         conciliation council; revising the terms of members of
 3002         the council; conforming provisions to changes made by
 3003         the act; revising the purpose of the council; revising
 3004         the council’s investigatory process; renumbering and
 3005         amending s. 578.28, F.S.; making a technical change;
 3006         creating s. 578.29, F.S.; prohibiting certain noxious
 3007         weed seed from being offered or exposed for sale;
 3008         amending s. 590.02, F.S.; authorizing the Florida
 3009         Forest Service to pay certain employees’ initial
 3010         commercial driver license examination fees; amending
 3011         s. 790.06, F.S.; revising the required furnished
 3012         statement to obtain a duplicate or substitute
 3013         concealed weapon or firearm license; amending s.
 3014         790.0625, F.S.; revising required tax collector
 3015         collection and remittance of firearm license fees;
 3016         revising the fees which a tax collector may retain;
 3017         authorizing certain tax collectors to print and
 3018         deliver certain replacement licenses under certain
 3019         conditions; authorizing certain tax collectors to
 3020         offer fingerprinting and photographing services to aid
 3021         license applicants; creating s. 817.417, F.S.;
 3022         providing a short title; defining terms; specifying
 3023         department duties and responsibilities relating to
 3024         government impostor and deceptive advertisements;
 3025         requiring rulemaking by the department; specifying
 3026         that it is a violation to disseminate certain
 3027         misleading or confusing advertisements, to make
 3028         certain misleading or confusing representations, to
 3029         use content implying or leading to confusion that such
 3030         content is from a governmental entity when such is not
 3031         true, to fail to provide certain disclosures, and to
 3032         fail to provide certain responses and answers to the
 3033         department; requiring a person offering documents that
 3034         are available free of charge or at a lesser price from
 3035         a governmental entity to provide a certain disclosure;
 3036         providing penalties; amending s. 489.105, F.S.;
 3037         conforming provisions to changes made by the act;
 3038         reenacting s. 527.06(3), F.S., relating to published
 3039         standards of the National Fire Protection Association;
 3040         providing an effective date.