| 1 | Representative Mayfield offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 |
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| 6 | Section 1. Section 585.155, Florida Statutes, is amended |
| 7 | to read: |
| 8 | 585.155 Brucellosis Whole-herd and calf vaccination.-- |
| 9 | (1) All female calves born in the state that are to be |
| 10 | used for dairy breeding purposes shall be vaccinated with an |
| 11 | approved Brucella abortus vaccine by state or federal regulatory |
| 12 | officials or licensed, accredited veterinarians. |
| 13 | (1)(2)(a) All female cattle calves officially vaccinated |
| 14 | with Brucella abortus vaccine shall be permanently identified at |
| 15 | the time of vaccination in accordance with 9 C.F.R. part 78 with |
| 16 | the official shield tattoo "V," registered by the United States |
| 17 | Department of Agriculture, in the right ear, preceded by the |
| 18 | numeral of the quarter of the year and followed by the last |
| 19 | numeral of the year. |
| 20 | (b) In addition, all female cattle each calf shall be |
| 21 | individually identified at the time of vaccination, if not |
| 22 | already identified by tattoo, electronic identification device, |
| 23 | or brand, by an official vaccination ear tag in the right ear. |
| 24 | The tag shall include the designated state prefix, followed by |
| 25 | the letter "V," two additional letters, and four numerals. |
| 26 | Registration tattoos, electronic identification devices, or |
| 27 | individual brand numbers may be substituted for the official ear |
| 28 | tags. This identification shall be accurately recorded on the |
| 29 | official vaccination record. |
| 30 | (c) Duplicate reports covering these vaccinations shall be |
| 31 | immediately furnished to the department and shall constitute the |
| 32 | official record of vaccination. |
| 33 | (3) Each owner of a herd of cattle in this state shall |
| 34 | enroll the herd in a program to determine whether the herd is |
| 35 | infected with brucellosis. When reactors or suspects are |
| 36 | disclosed in a herd, the department and the owner must develop a |
| 37 | plan to eliminate the infection in accordance with the Uniform |
| 38 | Methods and Rules for Brucellosis Eradication and the rules of |
| 39 | this state. The plan shall include the required testing, removal |
| 40 | of reactor animals, calfhood vaccination and whole-herd |
| 41 | vaccination to clear the herd of infection. The department shall |
| 42 | provide for the establishment of low brucellosis incidence areas |
| 43 | and brucellosis free areas which can be recognized by the United |
| 44 | States Department of Agriculture as having Class "Free," Class |
| 45 | "A," or Class "B" status under the Uniform Methods and Rules for |
| 46 | Brucellosis Eradication. |
| 47 | (2)(4) Only an approved vaccine produced under license of |
| 48 | the United States Department of Agriculture shall qualify for |
| 49 | vaccination purposes under this section. |
| 50 | Section 2. Section 585.105, Florida Statutes, is repealed. |
| 51 | Section 3. Section 501.95, Florida Statutes, is amended to |
| 52 | read: |
| 53 | 501.95 Gift certificates and credit memos.-- |
| 54 | (1) As used in this section, the term: |
| 55 | (a) "Credit memo" means a certificate, card, stored value |
| 56 | card, or similar instrument issued in exchange for returned |
| 57 | merchandise when the certificate, card, or similar instrument is |
| 58 | redeemable for merchandise, food, or services regardless of |
| 59 | whether any cash may be paid to the owner of the certificate, |
| 60 | card, or instrument as part of the redemption transaction. |
| 61 | (b) "Gift certificate" means a certificate, gift card, |
| 62 | stored value card, or similar instrument purchased issued in |
| 63 | exchange for monetary consideration when the certificate, card, |
| 64 | or similar instrument is redeemable for merchandise, food, or |
| 65 | services regardless of whether any cash may be paid to the owner |
| 66 | of the certificate, card, or instrument as part of the |
| 67 | redemption transaction, but this term shall not include tickets |
| 68 | as specified in s. 717.1355 or manufacturer or retailer |
| 69 | discounts and coupons. |
| 70 | (2)(a) A gift certificate purchased or credit memo sold or |
| 71 | issued for consideration in this state may not have an |
| 72 | expiration date, expiration period, or any type of postsale |
| 73 | charge or fee imposed on the gift certificate or credit memo, |
| 74 | including, but not limited to, service charges, dormancy fees, |
| 75 | account maintenance fees, or cash-out fees. However, a gift |
| 76 | certificate may have an expiration date of not less than 3 years |
| 77 | if it is provided as a charitable contribution when no |
| 78 | consideration is given to the issuer by the consumer, or not |
| 79 | less than 1 year if it is provided as a benefit pursuant to an |
| 80 | employee-incentive program, consumer-loyalty program, or |
| 81 | promotional program when no consideration is given to the issuer |
| 82 | by the consumer, and the expiration date is prominently |
| 83 | disclosed in writing to the consumer at the time it is provided. |
| 84 | In addition, a gift certificate may have an expiration date if |
| 85 | it the monetary consideration for the gift certificate it is |
| 86 | provided to the recipient through a loyalty program, or |
| 87 | promotional program, or if it is provided in conjunction with as |
| 88 | part of a larger package related to a convention, conference, |
| 89 | vacation, or sporting or fine arts event having a limited |
| 90 | duration so long as the majority of the value paid by the |
| 91 | recipient is attributable to the convention, conference, |
| 92 | vacation, or event. An issuer may honor a gift certificate that |
| 93 | has expired on or before the effective date of this act. |
| 94 | (b) Paragraph (a) does not apply to a gift certificate or |
| 95 | credit memo sold or issued by a financial institution, as |
| 96 | defined in s. 655.005, or by a money transmitter, as defined in |
| 97 | s. 560.103, if the gift certificate or credit memo is redeemable |
| 98 | by multiple unaffiliated merchants. |
| 99 | (c) Enforcement of this section shall be as provided in s. |
| 100 | 501.142(3), (4), and (5) for violations of this section. |
| 101 | Section 4. Subsections (3), (4), and (5) of section |
| 102 | 501.142, Florida Statutes, read: |
| 103 | 501.142 Retail sales establishments; preemption; notice of |
| 104 | refund policy; exceptions; penalty.-- |
| 105 | (3) The department may enter an order doing one or more of |
| 106 | the following if the department finds that a person has violated |
| 107 | or is operating in violation of any of the provisions of this |
| 108 | section or the rules or orders issued under this section: |
| 109 | (a) Issue a notice of noncompliance pursuant to s. |
| 110 | 120.695. |
| 111 | (b) Impose an administrative fine not to exceed $100 for |
| 112 | each violation. |
| 113 | (c) Direct the person to cease and desist specified |
| 114 | activities. |
| 115 | (4) The administrative proceedings that could result in |
| 116 | the entry of an order imposing any of the penalties specified in |
| 117 | subsection (3) are governed by chapter 120. |
| 118 | (5) Any moneys recovered by the Department of Agriculture |
| 119 | and Consumer Services as a penalty under this section shall be |
| 120 | deposited in the General Inspection Trust Fund. |
| 121 | Section 5. The amendment of section 501.95, Florida |
| 122 | Statutes, by this act shall apply to all gift cards purchased |
| 123 | and credit memos issued on or after June 28, 2007. |
| 124 | Section 6. This act shall take effect upon becoming a law. |
| 125 |
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| 126 | ========= T I T L E A M E N D M E N T ========= |
| 127 | Remove the entire title and insert: |
| 128 |
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| 129 | A bill to be entitled |
| 130 | An act relating to the Department of Agriculture and |
| 131 | Consumer Services; amending s. 585.155, F.S.; requiring |
| 132 | that all female cattle vaccinated with the Brucella |
| 133 | abortus vaccine be identified according to federal |
| 134 | regulations; repealing s. 585.105, F.S., relating to the |
| 135 | purchase, distribution, and administration of approved |
| 136 | brucella vaccine; amending s. 501.95, F.S., relating to |
| 137 | gift certificates and credit memos; limiting application |
| 138 | of prohibitions to purchased instruments; providing for |
| 139 | enforcement by the department; providing certain |
| 140 | retroactive applicability; providing an effective date. |