Amendment
Bill No. 0022C

Amendment No. 576297

CHAMBER ACTION
Senate		House
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1	Representative Mayfield offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5
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 is provided as part of a loyalty program or promotional
86	program or if it is provided in conjunction with larger package
87	related to a convention, conference, vacation, or sporting or
88	fine arts event having a limited duration so long as the
89	majority of the value paid by the recipient is attributable to
90	the convention, conference, vacation, or event. An issuer may
91	honor a gift certificate that has expired on or before the
92	effective date of this act.
93	(b)  Paragraph (a) does not apply to a gift certificate or
94	credit memo sold or issued by a financial institution, as
95	defined in s. 655.005, or by a money transmitter, as defined in
96	s. 560.103, if the gift certificate or credit memo is redeemable
97	by multiple unaffiliated merchants.
98	(c)  Enforcement of this section shall be as provided in s.
99	501.142(3), (4), and (5) for violations of this section.
100	Section 4.  Subsections (3), (4), and (5) of section
101	501.142, Florida Statutes, read:
102	501.142  Retail sales establishments; preemption; notice of
103	refund policy; exceptions; penalty.--
104	(3)  The department may enter an order doing one or more of
105	the following if the department finds that a person has violated
106	or is operating in violation of any of the provisions of this
107	section or the rules or orders issued under this section:
108	(a)  Issue a notice of noncompliance pursuant to s.
109	120.695.
110	(b)  Impose an administrative fine not to exceed $100 for
111	each violation.
112	(c)  Direct the person to cease and desist specified
113	activities.
114	(4)  The administrative proceedings that could result in
115	the entry of an order imposing any of the penalties specified in
116	subsection (3) are governed by chapter 120.
117	(5)  Any moneys recovered by the Department of Agriculture
118	and Consumer Services as a penalty under this section shall be
119	deposited in the General Inspection Trust Fund.
120	Section 5.  The amendment of section 501.95, Florida
121	Statutes, by this act shall apply to all gift cards purchased
122	and credit memos issued on or after June 28, 2007.
123	Section 6.  This act shall take effect upon becoming a law.
124
125	========= T I T L E  A M E N D M E N T =========
126	Remove the entire title and insert:
127
128	A bill to be entitled
129	An act relating to the Department of Agriculture and
130	Consumer Services; amending s. 585.155, F.S.; requiring
131	that all female cattle vaccinated with the Brucella
132	abortus vaccine be identified according to federal
133	regulations; repealing s. 585.105, F.S., relating to the
134	purchase, distribution, and administration of approved
135	brucella vaccine; amending s. 501.95, F.S., relating to
136	gift certificates and credit memos; limiting application
137	of prohibitions to purchased instruments; providing for
138	enforcement by the department; providing certain
139	retroactive applicability; providing an effective date.

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