HB 5011C

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

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