Senate Bill sb1952er

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  1                                 

  2         An act relating to the Department of

  3         Agriculture and Consumer Services; amending s.

  4         493.6203, F.S.; revising requirements for

  5         obtaining a Class "MA," Class "M," or Class "C"

  6         license as a private investigator; revising the

  7         requirements for Class "CC" licensure as an

  8         intern; amending s. 493.6401, F.S.; requiring a

  9         person who conducts Internet-based training or

10         correspondence training for repossessor

11         licensees to have a Class "RS" license;

12         amending s. 493.6406, F.S.; providing

13         requirements for training conducted by a

14         repossession services school or training

15         facility; revising the information required on

16         a licensure application relating to such a

17         school or facility; amending s. 501.921, F.S.;

18         revising the name of the organization that

19         provides standards and test procedures used by

20         the department in adopting rules governing the

21         formulation of antifreeze; creating s. 501.973,

22         F.S.; providing definitions; prohibiting

23         certain business entities from using the term

24         "chamber of commerce" under certain

25         circumstances; providing exceptions; providing

26         a penalty; specifying nonimposition of certain

27         requirements; authorizing chambers of commerce

28         to sue certain business entities to enjoin use

29         of certain terms; amending s. 525.07, F.S.;

30         revising a requirement for testing the accuracy

31         of devices used to measure petroleum fuel;


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 1         amending s. 526.51, F.S.; revising requirements

 2         for registering a brand of brake fluid for sale

 3         in the state; requiring an applicant that does

 4         not own the brand name of a brake fluid to

 5         submit a notarized affidavit to the department

 6         in order to register that product; revising the

 7         amount of the sample of brake fluid required to

 8         be submitted to the department; amending s.

 9         527.04, F.S.; revising provisions requiring

10         proof of liability insurance coverage prior to

11         licensure under ch. 527, F.S., relating to the

12         sale of liquefied petroleum gas; amending s.

13         527.07, F.S.; prohibiting a person other than

14         the owner or other authorized person from

15         removing gas from a liquefied petroleum gas

16         container or receptacle for any gas or

17         compound; creating s. 576.092, F.S.; creating

18         the Consumer Fertilizer Task Force; providing

19         legislative findings; providing for task force

20         membership and appointment of a chair and vice

21         chair; requiring the department to staff the

22         task force; requiring a report to the

23         Legislature by a time certain; providing for

24         abolition of the task force; providing an

25         appropriation; providing an effective date.

26  

27  Be It Enacted by the Legislature of the State of Florida:

28  

29         Section 1.  Present subsection (5) of section 493.6203,

30  Florida Statutes, is renumbered as subsection (6) and amended,

31  


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 1  present subsection (6) is renumbered as subsection (7), and a

 2  new subsection (5) is added to that section, to read:

 3         493.6203  License requirements.--In addition to the

 4  license requirements set forth elsewhere in this chapter, each

 5  individual or agency shall comply with the following

 6  additional requirements:

 7         (5)  Effective January 1, 2008, an applicant for a

 8  Class "MA," Class "M," or Class "C" license must pass an

 9  examination that covers the provisions of this chapter and is

10  administered by the department or by a provider approved by

11  the department. The applicant must pass the examination before

12  applying for licensure and must submit proof with the license

13  application on a form approved by rule of the department that

14  he or she has passed the examination. The administrator of the

15  examination shall verify the identity of each applicant taking

16  the examination.

17         (a)  The examination requirement in this subsection

18  does not apply to an individual who holds a valid Class "CC,"

19  Class "C," Class "MA," or Class "M" license.

20         (b)  Notwithstanding the exemption provided in

21  paragraph (a), if the license of an applicant for relicensure

22  has been invalid for more than 1 year, the applicant must take

23  and pass the examination.

24         (c)  The department shall establish by rule the content

25  of the examination, the manner and procedure of its

26  administration, and an examination fee that may not exceed

27  $100.

28         (6)(a)(5)  A Class "CC" licensee shall serve an

29  internship under the direction and control of a designated

30  sponsor, who is a Class "C," Class "MA," or Class "M"

31  licensee.


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 1         (b)  Effective September 1, 2008, an applicant for a

 2  Class "CC" license must have completed at least 24 hours of a

 3  40-hour course pertaining to general investigative techniques

 4  and this chapter, which course is offered by a state

 5  university or by a school, community college, college, or

 6  university under the purview of the Department of Education,

 7  and the applicant must pass an examination. The certificate

 8  evidencing satisfactory completion of at least 24 hours of a

 9  40 hour course must be submitted with the application for a

10  Class "CC" license. The remaining 16 hours must be completed

11  and an examination passed within 180 days. If documentation of

12  completion of the required training is not submitted within

13  the specified timeframe, the individual's license is

14  automatically suspended or his or her authority to work as a

15  Class "CC" pursuant to s. 493.6105(9) is rescinded until such

16  time as proof of certificate of completion is provided to the

17  department. The training course specified in this paragraph

18  may be provided by face-to-face presentation, on-line

19  technology, or a home study course in accordance with rules

20  and procedures of the Department of Education. The

21  administrator of the examination must verify the identity of

22  each applicant taking the examination.

23         1.  Upon an applicant's successful completion of each

24  part of the approved course and passage of any required

25  examination, the school, community college, college, or

26  university shall issue a certificate of completion to the

27  applicant. The certificates must be on a form established by

28  rule of the department.

29         2.  The department shall establish by rule the general

30  content of the training course and the examination criteria.

31  


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 1         3.  If the license of an applicant for relicensure has

 2  been invalid for more than 1 year, the applicant must complete

 3  the required training and pass any required examination.

 4         Section 2.  Subsection (7) of section 493.6401, Florida

 5  Statutes, is amended to read:

 6         493.6401  Classes of licenses.--

 7         (7)  Any person who operates a repossessor school or

 8  training facility or who conducts an Internet-based training

 9  course or a correspondence training course must shall have a

10  Class "RS" license.

11         Section 3.  Subsection (1) and paragraph (b) of

12  subsection (2) of section 493.6406, Florida Statutes, are

13  amended to read:

14         493.6406  Repossession services school or training

15  facility.--

16         (1)  Any school, training facility, or instructor who

17  offers the training outlined in s. 493.6403(2) for Class "EE"

18  applicants shall, before licensure of such school, training

19  facility, or instructor, file with the department an

20  application accompanied by an application fee in an amount to

21  be determined by rule, not to exceed $60.  The fee shall not

22  be refundable. This training may be offered as face-to-face

23  training, Internet-based training, or correspondence training.

24         (2)  The application shall be signed and notarized and

25  shall contain, at a minimum, the following information:

26         (b)  The street address of the place at which the

27  training is to be conducted or the street address of the Class

28  "RS" school offering Internet-based or correspondence

29  training.

30         Section 4.  Section 501.921, Florida Statutes, is

31  amended to read:


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 1         501.921  Standards.--The department's rules for

 2  standards, definitions, and test procedures for antifreeze may

 3  encompass those specified by ASTM International the American

 4  Society for Testing and Materials. The department may adopt

 5  any other specification it considers appropriate to protect

 6  consumers from questionable formulations of antifreeze.

 7         Section 5.  Section 501.973, Florida Statutes, is

 8  created to read:

 9         501.973  Chambers of commerce.--

10         (1)  For the purposes of this section:

11         (a)  "Business entity" means any corporation,

12  partnership, limited partnership, proprietorship, firm,

13  enterprise, franchise, association, self-employed individual,

14  or trust, whether fictitiously named or not, doing business in

15  this state.

16         (b)  "Chamber of commerce" means a voluntary

17  membership, dues-paying organization of business and

18  professional persons dedicated, as stated in the articles of

19  incorporation or bylaws of the organization, to improving the

20  economic climate and business development of the community,

21  area, or region in which the organization is located and

22  which:

23         1.  Operates as an approved not-for-profit corporation

24  under chapter 617 and as a corporation or association

25  qualified for tax exempt status under s. 501(c)(3) or s.

26  501(c)(6) of the Internal Revenue Code of 1986, as amended.

27         2.  Files any required corporation annual reports with

28  the Secretary of State and, if applicable, required annual

29  information returns with the United States Internal Revenue

30  Service.

31  


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 1         3.  Is governed by a volunteer board of directors of at

 2  least seven members who are elected from among the membership

 3  of the organization and who serve without compensation.

 4         (2)  A business entity, other than a chamber of

 5  commerce, shall not use the term "chamber of commerce" in its

 6  name or to describe itself, except for binational chambers of

 7  commerce recognized by the Office of International Affairs of

 8  the Department of State or chambers of commerce in existence

 9  on or before October 1, 1992. Any business entity which

10  violates this subsection commits a misdemeanor of the first

11  degree, punishable as provided in s. 775.082 or s. 775.083.

12         (3)  This section imposes no requirement for oversight

13  or regulation of a business entity name, trademark, trade

14  name, or other requirement for filing or registration under

15  any provision of law.

16         (4)  Subject to the provisions of s. 495.151, a chamber

17  of commerce may sue any business entity that is not a chamber

18  of commerce as defined in this section to enjoin such entity

19  from using the term "chamber of commerce" in its name or to

20  describe itself as a chamber of commerce in any business or

21  commerce.

22         Section 6.  Subsection (9) of section 525.07, Florida

23  Statutes, is amended to read:

24         525.07  Powers and duties of department; inspections;

25  unlawful acts.--

26         (9)  All persons and service agencies that adjust the

27  accuracy of a petroleum fuel measuring device must use test

28  measures that have been calibrated with standards traceable to

29  the National Institute of Standards and Technology within 1

30  year prior to the date of the adjustment for volumes of less

31  


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 1  than 500 gallons and within 3 years before the date of the

 2  adjustment for volumes of 500 gallons or more.

 3         Section 7.  Subsection (1) of section 526.51, Florida

 4  Statutes, is amended to read:

 5         526.51  Registration; renewal and fees; departmental

 6  expenses; cancellation or refusal to issue or renew.--

 7         (1)(a)  Application for registration of each brand of

 8  brake fluid shall be made on forms to be supplied by the

 9  department.  The applicant shall give his or her name and

10  address and, the brand name of the brake fluid, state that he

11  or she owns the said brand name and has complete control over

12  the product sold thereunder in Florida, and provide the name

13  and address of resident agent in Florida. If the applicant

14  does not own the brand name but wishes to register the product

15  with the department, a notarized affidavit that gives the

16  applicant full authorization to register the brand name and

17  that is signed by the owner of the brand name must accompany

18  the application for registration. The affidavit must include

19  all affected brand names, the owner's company or corporate

20  name and address, the applicant's company or corporate name

21  and address, and a statement from the owner authorizing the

22  applicant to register the product with the department. The

23  owner of the brand name shall maintain complete control over

24  each product sold under that brand name in this state. All new

25  product applications must Application shall be accompanied by

26  a certified report from of an independent testing laboratory,

27  setting forth the analysis of the said brake fluid which shall

28  show its quality to be not less than the specifications

29  established by the department for brake fluids.  A sample of

30  not less than 24 fluid ounces one-half gallon of brake fluid

31  shall be submitted, in a container or containers, with labels


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 1  representing labeled exactly how the as containers of brake

 2  fluid will be labeled when sold, and the such sample and

 3  container shall be analyzed and inspected by the Division of

 4  Standards in order that compliance with the department's

 5  specifications and labeling requirements may be verified.

 6  Upon approval of the such application, the department shall

 7  register the brand name of the such brake fluid and issue to

 8  the applicant a permit authorizing the registrant to sell the

 9  such brake fluid in this state during the permit year

10  specified in the permit.

11         (b)  Each applicant shall pay a fee of $100 with each

12  application.  A permit may be renewed by application to the

13  department, accompanied by a renewal fee of $50 on or before

14  the last day of the permit year immediately preceding the

15  permit year for which application is made for renewal of

16  registration.  To any fee not paid when due, there shall

17  accrue a penalty of $25 which shall be added to the renewal

18  fee.  Renewals will be accepted only on brake fluids that

19  which have no change in formula, composition or brand name.

20  Any change in formula, composition or brand name of any brake

21  fluid constitutes shall constitute a new product that must

22  which shall be registered in accordance with the provisions of

23  this part.

24         Section 8.  Section 527.04, Florida Statutes, is

25  amended to read:

26         527.04  Proof of insurance required.--

27         (1)  Before any license is issued, except to a dealer

28  in appliances and equipment for use of liquefied petroleum gas

29  or a category III liquefied petroleum gas cylinder exchange

30  operator, the applicant must deliver to the department

31  satisfactory evidence that the applicant is covered by a


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 1  primary policy of bodily injury liability and property damage

 2  liability insurance that covers the products and operations

 3  with respect to such business and is issued by an insurer

 4  authorized to do business in this state for an amount not less

 5  than $1 million and that the premium on such insurance is

 6  paid. An insurance certificate, affidavit, or other

 7  satisfactory evidence of acceptable insurance coverage shall

 8  be accepted as proof of insurance. In lieu of an insurance

 9  policy, the applicant may deliver a good and sufficient bond

10  in the amount of $1 million, payable to the Governor of

11  Florida, with the applicant as principal and a surety company

12  authorized to do business in this state as surety.  The bond

13  must be conditioned upon the applicant's principal's

14  compliance with the provisions of this chapter and the rules

15  of the department with respect to the conduct of such business

16  and shall indemnify and hold harmless all persons from loss or

17  damage by reason of the applicant's principal's failure to

18  comply.  However, the aggregated liability of the surety may

19  not exceed $1 million.  If the insurance policy is canceled or

20  otherwise terminated or the bond becomes insufficient, the

21  department may require new proof of insurance or a new bond to

22  be filed, and if the licenseholder principal fails to comply

23  do so, the department shall cancel the license issued and give

24  the licenseholder principal written notice that it is unlawful

25  to engage in business without a license. If the applicant

26  furnishes satisfactory evidence that he or she is covered by a

27  primary policy of bodily injury liability and property damage

28  liability insurance covering the products and operations with

29  respect to such business, issued by an insurer authorized to

30  do business in the state, for an amount not less than $1

31  million and that the premiums on such insurance are paid, an


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 1  insurance affidavit or other satisfactory evidence of

 2  acceptable insurance coverage shall be accepted in lieu of the

 3  bond. A new bond is not required as long as the original bond

 4  remains sufficient and in force.  If the licenseholder's

 5  insurance coverage coverages as required by this subsection is

 6  are canceled or otherwise terminated, the insurer must notify

 7  the department within 30 days after the such cancellation or

 8  termination.

 9         (2)  Before any license is issued to a class III

10  liquefied petroleum gas cylinder exchange operator, the

11  applicant must deliver to the department satisfactory evidence

12  that the applicant is covered by a primary policy of bodily

13  injury liability and property damage liability insurance that

14  covers the products and operations with respect to the

15  business and is issued by an insurer authorized to do business

16  in this state for an amount not less than $300,000 and that

17  the premium on the insurance is paid. An insurance

18  certificate, affidavit, or other satisfactory evidence of

19  acceptable insurance coverage shall be accepted as proof of

20  insurance. In lieu of an insurance policy, the applicant may

21  deliver a good and sufficient bond in the amount of $300,000,

22  payable to the Governor, with the applicant as principal and a

23  surety company authorized to do business in this state as

24  surety.  The bond must be conditioned upon the applicant's

25  principal's compliance with this chapter and the rules of the

26  department with respect to the conduct of such business and

27  must indemnify and hold harmless all persons from loss or

28  damage by reason of the applicant's principal's failure to

29  comply.  However, the aggregated liability of the surety may

30  not exceed $300,000.  If the insurance policy is canceled or

31  otherwise terminated or the bond becomes insufficient, the


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 1  department may require new proof of insurance or a new bond to

 2  be filed, and if the licenseholder principal fails to comply

 3  do so, the department shall cancel the license issued and give

 4  the licenseholder principal written notice that it is unlawful

 5  to engage in business without a license. If the applicant

 6  furnishes satisfactory evidence that he or she is covered by a

 7  primary policy of bodily injury liability and property damage

 8  liability insurance covering the products and operations with

 9  respect to such business, issued by an insurer authorized to

10  do business in the state, for an amount not less than $300,000

11  and that the premiums on such insurance are paid, an insurance

12  affidavit or other satisfactory evidence of acceptable

13  insurance coverage shall be accepted in lieu of the bond. A

14  new bond is not required as long as the original bond remains

15  sufficient and in force.  If the licenseholder's insurance

16  coverage coverages required by this subsection is are canceled

17  or otherwise terminated, the insurer must notify the

18  department within 30 days after the such cancellation or

19  termination.

20         (3)  Any person having a cause of action on the such

21  bond may bring suit against the principal and surety, and a

22  copy of such bond duly certified by the department shall be

23  received in evidence in the courts of this state without

24  further proof.  The department shall furnish a certified copy

25  of such bond upon payment to it of its lawful fee for making

26  and certifying such copy.

27         Section 9.  Section 527.07, Florida Statutes, is

28  amended to read:

29         527.07  Restriction on use of containers.--A No person,

30  other than the owner and those authorized by the owner, may

31  not shall sell, fill, refill, remove gas from, deliver, permit


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 1  to be delivered, or use in any manner any liquefied petroleum

 2  gas container or receptacle for any gas or compound, or for

 3  any other purpose.

 4         Section 10.  Section 576.092, Florida Statutes, is

 5  created to read:

 6         576.092  Consumer Fertilizer Task Force.--

 7         (1)  The Legislature finds that:

 8         (a)  There is a need for better training and education

 9  regarding the proper use of consumer fertilizers.

10         (b)  There should exist a mechanism to help local

11  governments promote and encourage the proper use of

12  fertilizers, thereby eliminating or minimizing the potential

13  for environmental impacts.

14         (c)  Local government regulation of fertilizer uses for

15  nonagricultural applications should be based on sound science,

16  including water quality, agronomics, and horticulture.

17         (d)  There is a need for education regarding the use of

18  consumer fertilizers.

19         (e)  There is a need for improved standards regarding

20  nonagricultural fertilizer use and application.

21         (f)  While the constituents in fertilizer are naturally

22  occurring in the environment, the improper use of fertilizer

23  can be one of many contributors to nonpoint source pollution.

24         (g)  The state's local governments are potentially

25  subject to regulatory enforcement action by state or federal

26  entities as a result of nonpoint source pollution caused by

27  stormwater runoff.

28         (2)(a)  There is hereby created the Consumer Fertilizer

29  Task Force within the Department of Agriculture and Consumer

30  Services for the purposes of:

31  


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 1         1.  Assessing existing data and information regarding

 2  nutrient enrichment and surface waters due to fertilizer,

 3  assessing management strategies for reducing water quality

 4  impacts associated with fertilizer, and identifying additional

 5  research needs.

 6         2.  Developing statewide guidelines governing

 7  nonagricultural fertilizer use rates, formulations, and

 8  applications with attention to the geographic regions

 9  identified in Rule 5E-1.003, Florida Administrative Code.

10         3.  Taking public input and testimony concerning the

11  issues in this section.

12         4.  Recommending methods to ensure local ordinances are

13  based on best available data and science and to achieve

14  uniformity among local government ordinances where possible,

15  unless local ordinance variations are necessary to meet

16  mandated state and federal water quality standards.

17         5.  Developing model ordinances for municipalities and

18  counties concerning the use of nonagricultural fertilizer.

19         (b)1.  The task force shall consist of 13 members who

20  are technically qualified by training, education, or

21  experience in water quality, horticultural, or agronomic

22  science, and who shall be appointed as follows: three members

23  appointed by the President of the Senate, one of whom shall be

24  a representative from the Department of Environmental

25  Protection, one of whom shall be a representative of the

26  environmental community, and one of whom shall be a member of

27  the Senate; three members appointed by the Speaker of the

28  House of Representatives, one of whom shall be a

29  representative from a water management district, one of whom

30  shall be a representative of the University of Florida's

31  Institute for Food and Agricultural Sciences, and one of whom


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 1  shall be a member of the House of Representatives; five

 2  members appointed by the Commissioner of Agriculture, one of

 3  whom shall be a representative from the Department of

 4  Agriculture and Consumer Services, one of whom shall be a

 5  representative from the Office of Agricultural Water Policy,

 6  one of whom shall be a representative from the national

 7  fertilizer industry, one of whom shall be a representative

 8  from the Florida-based fertilizer industry, and one of whom

 9  shall be a registered landscape architect; one member

10  appointed by the Florida League of Cities, Inc.; and one

11  member appointed by the Florida Association of Counties.

12         2.  Members shall choose a chair and vice chair from

13  the membership of the task force.

14         (3)  Staffing for the task force shall be provided by

15  the Department of Agriculture and Consumer Services.

16         (4)  The task force shall review and evaluate the

17  issues identified in paragraph (2)(a) and take public

18  testimony. A report of the recommendations and findings of the

19  task force, including recommendations for statutory changes,

20  if any, shall be submitted to the President of the Senate and

21  the Speaker of the House of Representatives by January 15,

22  2008, and the task force shall be abolished upon the

23  transmittal of the report.

24         Section 11.  The sum of $58,559 is appropriated for the

25  2007-2008 fiscal year from the Licensing Trust Fund to the

26  Department of Agriculture and Consumer Services for the

27  purpose of developing curriculum and administering

28  examinations to applicants for licensure as private

29  investigators.

30         Section 12.  This act shall take effect July 1, 2007.

31  


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