CS/CS/HB 1197

1	A bill to be entitled
2	An act relating to the Department of Agriculture and
3	Consumer Services; amending s. 493.6203, F.S.; revising
4	requirements for obtaining a Class "MA," Class "M," or
5	Class "C" license as a private investigator; revising the
6	requirements for Class "CC" licensure as an intern;
7	amending s. 493.6401, F.S.; requiring a person who
8	conducts Internet-based training or correspondence
9	training for repossessor licensees to have a Class "RS"
10	license; amending s. 493.6406, F.S.; providing
11	requirements for training conducted by a repossession
12	services school or training facility; revising the
13	information required on a licensure application relating
14	to such a school or facility; amending s. 501.921, F.S.;
15	revising the name of the organization that provides
16	standards and test procedures used by the department in
17	adopting rules governing the formulation of antifreeze;
18	amending s. 525.07, F.S.; revising a requirement for
19	testing the accuracy of devices used to measure petroleum
20	fuel; amending s. 526.51, F.S.; revising requirements for
21	registering a brand of brake fluid for sale in the state;
22	requiring an applicant that does not own the brand name of
23	a brake fluid to submit a notarized affidavit to the
24	department in order to register that product; revising the
25	amount of the sample of brake fluid required to be
26	submitted to the department; amending s. 527.04, F.S.;
27	revising provisions requiring proof of liability insurance
28	coverage prior to licensure under ch. 527, F.S., relating
29	to the sale of liquefied petroleum gas; amending s.
30	527.07, F.S.; prohibiting a person other than the owner or
31	other authorized person from removing gas from a liquefied
32	petroleum gas container or receptacle for any gas or
33	compound; creating s. 576.092, F.S.; creating the Consumer
34	Fertilizer Task Force; providing legislative findings;
35	providing for task force membership and appointment of a
36	chair and vice chair; requiring the department to staff
37	the task force; requiring a report to the Legislature by a
38	time certain; providing for abolition of the task force;
39	providing a moratorium on promulgation of rules,
40	ordinances, or regulations related to fertilizers during a
41	time certain; providing exceptions; providing an
42	appropriation; providing an effective date.
43
44	Be It Enacted by the Legislature of the State of Florida:
45
46	Section 1.  Subsection (5) of section 493.6203, Florida
47	Statutes, is renumbered as subsection (6) and amended, present
48	subsection (6) is renumbered as subsection (7), and a new
49	subsection (5) is added to that section, to read:
50	493.6203  License requirements.--In addition to the license
51	requirements set forth elsewhere in this chapter, each
52	individual or agency shall comply with the following additional
53	requirements:
54	(5)  Effective January 1, 2008, an applicant for a Class
55	"MA," Class "M," or Class "C" license must pass an examination
56	that covers the provisions of this chapter and is administered
57	by the department or by a provider approved by the department.
58	The applicant must pass the examination before applying for
59	licensure and shall submit proof with the license application on
60	a form approved by rule of the department that he or she has
61	passed the examination. The administrator of the examination
62	must verify the identity of each applicant taking the
63	examination.
64	(a)  The examination requirement in this subsection does
65	not apply to an individual who holds a valid Class "CC," Class
66	"C," Class "MA," or Class "M" license.
67	(b)  Notwithstanding the exemption provided in paragraph
68	(a), if the license of an applicant for relicensure has been
69	invalid for more than 1 year, the applicant must take and pass
70	the examination.
71	(c)  The department shall establish by rule the content of
72	the examination, the manner and procedure of its administration,
73	and an examination fee that may not exceed $100.
74	(6)(a)(5)  A Class "CC" licensee shall serve an internship
75	under the direction and control of a designated sponsor, who is
76	a Class "C," Class "MA," or Class "M" licensee.
77	(b)  Effective September 1, 2008, an applicant for a Class
78	"CC" license must have completed at least 24 hours of a 40-hour
79	course pertaining to general investigative techniques and this
80	chapter, which course is offered by a state university or by a
81	school, community college, college, or university under the
82	purview of the Department of Education, and must pass an
83	examination. The certificate evidencing satisfactory completion
84	of at least 24 hours of a 40-hour course must be submitted with
85	the application for a Class "CC" license. The remaining 16 hours
86	must be completed and an examination passed within 180 days. If
87	documentation of completion of the required training is not
88	submitted within the specified timeframe, the individual's
89	license is automatically suspended or his or her authority to
90	work as a Class "CC" pursuant to s. 493.6105(9) is rescinded
91	until such time as proof of certificate of completion is
92	provided to the department. The training course specified in
93	this paragraph may be provided by face-to-face presentation, on-
94	line technology, or a home study course in accordance with rules
95	and procedures of the Department of Education. The administrator
96	of the examination must verify the identity of each applicant
97	taking the examination.
98	1.  Upon an applicant's successful completion of each part
99	of the approved course and passage of any required examination,
100	the school, community college, college, or university shall
101	issue a certificate of completion to the applicant. The
102	certificates must be on a form established by rule of the
103	department.
104	2.  The department shall establish by rule the general
105	content of the training course and the examination criteria.
106	3.  If the license of an applicant for relicensure has been
107	invalid for more than 1 year, the applicant must complete the
108	required training and pass any required examination.
109	Section 2.  Subsection (7) of section 493.6401, Florida
110	Statutes, is amended to read:
111	493.6401  Classes of licenses.--
112	(7)  Any person who operates a repossessor school or
113	training facility or who conducts an Internet-based training
114	course or a correspondence training course must shall have a
115	Class "RS" license.
116	Section 3.  Subsection (1) and paragraph (b) of subsection
117	(2) of section 493.6406, Florida Statutes, are amended to read:
118	493.6406  Repossession services school or training
119	facility.--
120	(1)  Any school, training facility, or instructor who
121	offers the training outlined in s. 493.6403(2) for Class "EE"
122	applicants shall, before licensure of such school, training
123	facility, or instructor, file with the department an application
124	accompanied by an application fee in an amount to be determined
125	by rule, not to exceed $60. The fee shall not be refundable.
126	This training may be offered as face-to-face training, Internet-
127	based training, or correspondence training.
128	(2)  The application shall be signed and notarized and
129	shall contain, at a minimum, the following information:
130	(b)  The street address of the place at which the face-to-
131	face training is to be conducted or the street address of the
132	Class "RS" school offering Internet-based or correspondence
133	training.
134	Section 4.  Section 501.921, Florida Statutes, is amended
135	to read:
136	501.921  Standards.--The department's rules for standards,
137	definitions, and test procedures for antifreeze may encompass
138	those specified by ASTM International the American Society for
139	Testing and Materials. The department may adopt any other
140	specification it considers appropriate to protect consumers from
141	questionable formulations of antifreeze.
142	Section 5.  Subsection (9) of section 525.07, Florida
143	Statutes, is amended to read:
144	525.07  Powers and duties of department; inspections;
145	unlawful acts.--
146	(9)  All persons and service agencies that adjust the
147	accuracy of a petroleum fuel measuring device must use test
148	measures that have been calibrated with standards traceable to
149	the National Institute of Standards and Technology within 1 year
150	prior to the date of the adjustment for volumes of less than 500
151	gallons and within 3 years prior to the date of the adjustment
152	for volumes of 500 gallons or more.
153	Section 6.  Subsection (1) of section 526.51, Florida
154	Statutes, is amended to read:
155	526.51  Registration; renewal and fees; departmental
156	expenses; cancellation or refusal to issue or renew.--
157	(1)(a)  Application for registration of each brand of brake
158	fluid shall be made on forms to be supplied by the department.
159	The applicant shall give his or her name and address and, the
160	brand name of the brake fluid, state that he or she owns the
161	said brand name and has complete control over the product sold
162	thereunder in Florida, and provide the name and address of the
163	resident agent in Florida. If the applicant does not own the
164	brand name but wishes to register the product with the
165	department, a notarized affidavit that gives the applicant full
166	authorization to register the brand name and that is signed by
167	the owner of the brand name must accompany the application for
168	registration. The affidavit must include all affected brand
169	names, the owner's company or corporate name and address, the
170	applicant's company or corporate name and address, and a
171	statement from the owner authorizing the applicant to register
172	the product with the department. The owner of the brand name
173	shall maintain complete control over each product sold under
174	that brand name in this state. All new product applications must
175	Application shall be accompanied by a certified report from of
176	an independent testing laboratory, setting forth the analysis of
177	the said brake fluid, which shall show its quality to be not
178	less than the specifications established by the department for
179	brake fluids. A sample of not less than 24 fluid ounces one-half
180	gallon of brake fluid shall be submitted, in a container or
181	containers, with labels representing labeled exactly how the as
182	containers of brake fluid will be labeled when sold, and such
183	sample and container shall be analyzed and inspected by the
184	Division of Standards in order that compliance with the
185	department's specifications and labeling requirements may be
186	verified. Upon approval of such application, the department
187	shall register the brand name of such brake fluid and issue to
188	the applicant a permit authorizing the registrant to sell such
189	brake fluid in this state during the permit year specified in
190	the permit.
191	(b)  Each applicant shall pay a fee of $100 with each
192	application. A permit may be renewed by application to the
193	department, accompanied by a renewal fee of $50 on or before the
194	last day of the permit year immediately preceding the permit
195	year for which application is made for renewal of registration.
196	To any fee not paid when due, there shall accrue a penalty of
197	$25 which shall be added to the renewal fee. Renewals will be
198	accepted only on brake fluids that which have no change in
199	formula, composition, or brand name. Any change in formula,
200	composition, or brand name of any brake fluid constitutes shall
201	constitute a new product that must which shall be registered in
202	accordance with the provisions of this part.
203	Section 7.  Section 527.04, Florida Statutes, is amended to
204	read:
205	527.04  Proof of insurance required.--
206	(1)  Before any license is issued, except to a dealer in
207	appliances and equipment for use of liquefied petroleum gas or a
208	category III liquefied petroleum gas cylinder exchange operator,
209	the applicant must deliver to the department satisfactory
210	evidence that the applicant is covered by a primary policy of
211	bodily injury liability and property damage liability insurance
212	that covers the products and operations with respect to such
213	business and is issued by an insurer authorized to do business
214	in this state for an amount not less than $1 million and that
215	the premium on such insurance is paid. An insurance certificate,
216	affidavit, or other satisfactory evidence of acceptable
217	insurance coverage shall be accepted as proof of insurance. In
218	lieu of an insurance policy, the applicant may deliver a good
219	and sufficient bond in the amount of $1 million, payable to the
220	Governor of Florida, with the applicant as principal and a
221	surety company authorized to do business in this state as
222	surety. The bond must be conditioned upon the applicant's
223	principal's compliance with the provisions of this chapter and
224	the rules of the department with respect to the conduct of such
225	business and shall indemnify and hold harmless all persons from
226	loss or damage by reason of the applicant's principal's failure
227	to comply. However, the aggregated liability of the surety may
228	not exceed $1 million. If the insurance policy is canceled or
229	otherwise terminated or the bond becomes insufficient, the
230	department may require new proof of insurance or a new bond to
231	be filed, and, if the licenseholder principal fails to comply do
232	so, the department shall cancel the license issued and give the
233	licenseholder principal written notice that it is unlawful to
234	engage in business without a license. If the applicant furnishes
235	satisfactory evidence that he or she is covered by a primary
236	policy of bodily injury liability and property damage liability
237	insurance covering the products and operations with respect to
238	such business, issued by an insurer authorized to do business in
239	the state, for an amount not less than $1 million and that the
240	premiums on such insurance are paid, an insurance affidavit or
241	other satisfactory evidence of acceptable insurance coverage
242	shall be accepted in lieu of the bond. A new bond is not
243	required as long as the original bond remains sufficient and in
244	force. If the licenseholder's insurance coverage coverages as
245	required by this subsection is are canceled or otherwise
246	terminated, the insurer must notify the department within 30
247	days after such cancellation or termination.
248	(2)  Before any license is issued to a class III liquefied
249	petroleum gas cylinder exchange operator, the applicant must
250	deliver to the department satisfactory evidence that the
251	applicant is covered by a primary policy of bodily injury
252	liability and property damage liability insurance that covers
253	the products and operations with respect to such business and is
254	issued by an insurer authorized to do business in this state for
255	an amount not less than $300,000 and that the premium on such
256	insurance is paid. An insurance certificate, affidavit, or other
257	satisfactory evidence of acceptable insurance coverage shall be
258	accepted as proof of insurance. In lieu of an insurance policy,
259	the applicant may deliver a good and sufficient bond in the
260	amount of $300,000, payable to the Governor, with the applicant
261	as principal and a surety company authorized to do business in
262	this state as surety. The bond must be conditioned upon the
263	applicant's principal's compliance with this chapter and the
264	rules of the department with respect to the conduct of such
265	business and must indemnify and hold harmless all persons from
266	loss or damage by reason of the applicant's principal's failure
267	to comply. However, the aggregated liability of the surety may
268	not exceed $300,000. If the insurance policy is canceled or
269	otherwise terminated or the bond becomes insufficient, the
270	department may require new proof of insurance or a new bond to
271	be filed, and, if the licenseholder principal fails to comply do
272	so, the department shall cancel the license issued and give the
273	licenseholder principal written notice that it is unlawful to
274	engage in business without a license. If the applicant furnishes
275	satisfactory evidence that he or she is covered by a primary
276	policy of bodily injury liability and property damage liability
277	insurance covering the products and operations with respect to
278	such business, issued by an insurer authorized to do business in
279	the state, for an amount not less than $300,000 and that the
280	premiums on such insurance are paid, an insurance affidavit or
281	other satisfactory evidence of acceptable insurance coverage
282	shall be accepted in lieu of the bond. A new bond is not
283	required as long as the original bond remains sufficient and in
284	force. If the licenseholder's insurance coverage coverages
285	required by this subsection is are canceled or otherwise
286	terminated, the insurer must notify the department within 30
287	days after such cancellation or termination.
288	(3)  Any person having a cause of action on such bond may
289	bring suit against the principal and surety, and a copy of such
290	bond duly certified by the department shall be received in
291	evidence in the courts of this state without further proof. The
292	department shall furnish a certified copy of such bond upon
293	payment to it of its lawful fee for making and certifying such
294	copy.
295	Section 8.  Section 527.07, Florida Statutes, is amended to
296	read:
297	527.07  Restriction on use of containers.--No person, other
298	than the owner and those authorized by the owner, shall sell,
299	fill, refill, remove gas from, deliver, permit to be delivered,
300	or use in any manner any liquefied petroleum gas container or
301	receptacle for any gas or compound, or for any other purpose.
302	Section 9.  Section 576.092, Florida Statutes, is created
303	to read:
304	576.092  Consumer Fertilizer Task Force.--
305	(1)  The Legislature finds that:
306	(a)  There is a need for better training and education
307	regarding the proper use of consumer fertilizers.
308	(b)  There should exist a mechanism to help local
309	governments promote and encourage the proper use of fertilizers,
310	thereby eliminating or minimizing the potential for
311	environmental impacts.
312	(c)  Local government regulation of fertilizer uses for
313	nonagricultural applications should be based on sound science,
314	including water quality, agronomics, and horticulture.
315	(d)  There is a need for education regarding the use of
316	consumer fertilizers.
317	(e)  There is a need for improved standards regarding
318	nonagricultural fertilizer use and application.
319	(f)  While the constituents in fertilizer are naturally
320	occurring in the environment, the improper use of fertilizer can
321	be one of many contributors to nonpoint source pollution.
322	(g)  The state's local governments are potentially subject
323	to regulatory enforcement action by state or federal entities as
324	a result of nonpoint source pollution caused by stormwater
325	runoff.
326	(2)(a)  There is hereby created the Consumer Fertilizer
327	Task Force within the Department of Agriculture and Consumer
328	Services for the purposes of:
329	1.  Assessing existing data and information regarding
330	nutrient enrichment in surface waters due to fertilizers,
331	assessing management strategies for reducing water quality
332	impacts associated with fertilizer, and identifying additional
333	research needs.
334	2.  Developing statewide guidelines governing
335	nonagricultural fertilizer use rates, formulations, and
336	applications with attention to the geographic regions identified
337	in rule 5E-1.003, Florida Administrative Code.
338	3.  Taking public input and testimony concerning the issues
339	in this section.
340	4.  Recommending methods to ensure that local ordinances
341	are based on best available data and science and to achieve
342	uniformity among local government ordinances where possible,
343	unless local ordinance variations are necessary to meet mandated
344	state and federal water quality standards.
345	5.  Developing model ordinances for municipalities and
346	counties concerning the use of nonagricultural fertilizer.
347	(b)1.  The task force shall consist of 13 members who are
348	technically qualified by training, education, or experience in
349	water quality, horticultural, or agronomic science, and who
350	shall be appointed as follows: three members appointed by the
351	President of the Senate, one of whom shall be a representative
352	from the Department of Environmental Protection, one of whom
353	shall be a representative of the environmental community, and
354	one of whom shall be a member of the Senate; three members
355	appointed by the Speaker of the House of Representatives, one of
356	whom shall be a representative from a water management district,
357	one of whom shall be a representative of the University of
358	Florida's Institute for Food and Agricultural Sciences, and one
359	of whom shall be a member of the House of Representatives; five
360	representatives appointed by the Commissioner of Agriculture,
361	one of whom shall be a representative from the Department of
362	Agriculture and Consumer Services, one of whom shall be a
363	representative from the Office of Agricultural Water Policy, one
364	of whom shall be a representative from the national fertilizer
365	industry, one of whom shall be a representative from the
366	Florida-based fertilizer industry, and one of whom shall be a
367	registered landscape architect; one member appointed by the
368	Florida League of Cities, Inc.; and one member appointed by the
369	Florida Association of Counties.
370	2.  Members shall choose a chair and vice chair from the
371	membership of the task force.
372	(3)  Staffing for the task force shall be provided by the
373	Department of Agriculture and Consumer Services.
374	(4)  The task force shall review and evaluate the issues
375	identified in paragraph (2)(a) and take public testimony. A
376	report of the recommendations and findings of the task force,
377	including recommendations for statutory changes, if any, shall
378	be submitted to the Speaker of the House of Representatives and
379	the President of the Senate by January 15, 2008, and the task
380	force shall be abolished upon the transmittal of the report.
381	(5)  Beginning May 1, 2007, through May 2, 2008, no
382	municipality, county, or other governmental subdivision shall
383	promulgate any fertilizer rule, ordinance, or regulation pending
384	the completion and transmittal of the task force report;
385	however, this moratorium does not apply if the rule, ordinance,
386	or regulation is promulgated in an effort to seek compliance
387	with water quality standards.
388	Section 10.  The sum of $58,559 is appropriated for the
389	2007-2008 fiscal year from the Licensing Trust Fund to the
390	Department of Agriculture and Consumer Services for the purpose
391	of developing curriculum and administering examinations to
392	applicants for licensure as private investigators.
393	Section 11.  This act shall take effect July 1, 2007.

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