Amendment
Bill No. CS/CS/HB 1241

Amendment No. 103345

CHAMBER ACTION
Senate		House
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1	Representative Nelson offered the following:
2
3	Substitute Amendment for Amendment (587381) (with title
4	amendment)
5	Between lines 70 and 71, insert:
6	Section 1.  Subsections (5) and (7) of section 482.021,
7	Florida Statutes, are amended to read:
8	482.021  Definitions.--For the purposes of this chapter,
9	and unless otherwise required by the context, the term:
10	(5)  "Certified operator in charge" means a certified
11	operator:
12	(a)  Whose primary occupation is the pest control business;
13	(b)  Who is employed full time by a licensee; and
14	(c)  Whose principal duty is the personal supervision of
15	the licensee's operation in a category or categories of pest
16	control in which the operator is certified.
17	(7)  "Employee" means a person who is employed by a
18	licensee that provides that person with necessary training,
19	supervision, pesticides, equipment, and insurance and who
20	receives compensation from and is under the personal supervision
21	and direct control of the licensee's certified operator in
22	charge and from whose compensation the licensee regularly
23	deducts and matches federal insurance contributions and federal
24	income and Social Security taxes.
25	Section 2.  Subsection (3) of section 482.051, Florida
26	Statutes, is amended to read:
27	482.051  Rules.--The department has authority to adopt
28	rules pursuant to ss. 120.536(1) and 120.54 to implement the
29	provisions of this chapter. Prior to proposing the adoption of a
30	rule, the department shall counsel with members of the pest
31	control industry concerning the proposed rule. The department
32	shall adopt rules for the protection of the health, safety, and
33	welfare of pest control employees and the general public which
34	require:
35	(3)  That written contracts be required for providing
36	termites and other wood-destroying organisms pest control, that
37	provisions necessary to assure consumer protection as specified
38	by the department be included in such contracts, that licensees
39	perform an inspection before issuing a contract on an existing
40	structure, and that require licensees to comply with the
41	contracts issued.
42	Section 3.  Subsection (4) of section 482.071, Florida
43	Statutes, is amended to read:
44	482.071  Licenses.--
45	(4)  A licensee may not operate a pest control business
46	without carrying the required insurance coverage. Each person
47	making application for a pest control business license or
48	renewal thereof must furnish to the department a certificate of
49	insurance that meets the requirements for minimum financial
50	responsibility for bodily injury and property damage consisting
51	of:
52	(a)  Bodily injury: $250,000 $100,000 each person and
53	$500,000 $300,000 each occurrence; and property damage: $250,000
54	$50,000 each occurrence and $500,000 $100,000 in the aggregate;
55	or
56	(b)  Combined single-limit coverage: $500,000 $400,000 in
57	the aggregate.
58	Section 4.  Section 482.152, Florida Statutes, is amended
59	to read:
60	482.152  Duties of certified operator in charge of pest
61	control activities of licensee.--A certified operator in charge
62	of the pest control activities of a licensee shall have her or
63	his primary occupation with the licensee and shall be a full-
64	time employee of the licensee. The, and her or his principal
65	duties of the certified operator in charge duty shall include:
66	(1)  The Responsibility for the personal supervision of,
67	and participation in, the pest control activities of at the
68	business location of the licensee. This chapter does not prevent
69	a certified operator in charge from performing duties at other
70	business locations owned by the licensee if:
71	(a)  The certified operator in charge performs her or his
72	duties as provided in this section for the business location of
73	the licensee.
74	(b)  The certified operator in charge is a full-time
75	employee of the licensee.
76	(c)  The primary occupation of the certified operator in
77	charge is the pest control business. as the same relate to:
78	(2)(1)  The Selection of proper and correct chemicals for
79	the particular pest control work performed.
80	(3)(2)  The Safe and proper use of the pesticides used.
81	(4)(3)  The Correct concentration and formulation of
82	pesticides used in all pest control work performed.
83	(5)(4)  The Training of personnel in the proper and
84	acceptable methods of pest control.
85	(6)(5)  The Control measures and procedures used.
86	(7)(6)  The Notification of the department of any
87	accidental human poisoning or death connected with pest control
88	work performed on a job she or he is supervising, within 24
89	hours after she or he has knowledge of the poisoning or death.
90	Section 5.  Section 482.157, Florida Statutes, is created
91	to read:
92	482.157  Limited certification for commercial wildlife
93	management personnel.--
94	(1)  The department shall establish a limited certification
95	category for individual commercial wildlife management personnel
96	which authorizes the personnel to use nonchemical methods for
97	controlling pest birds or rodents, including, but not limited
98	to, the use of traps, glue boards, mechanical or electronic
99	devices, or exclusionary techniques.
100	(2)  A person seeking limited certification under this
101	section must pass an examination administered by the department.
102	An application for examination must be accompanied by an
103	examination fee set by rule of the department of at least $150
104	but not to exceed $300. The department shall provide the
105	appropriate reference materials for the examination and make the
106	examination readily available to applicants at least quarterly
107	or as often as necessary in each county. Before the department
108	issues a limited certification under this section, the person
109	applying for certification must furnish proof that he or she
110	holds a certificate of insurance stating that his or her
111	employer meets the requirements for minimum financial
112	responsibility in s. 482.071(4).
113	(3)  An application for recertification under this section
114	must be submitted biennially and must be accompanied by a
115	recertification fee set by rule of the department of at least
116	$150 but not to exceed $300. The application must also be
117	accompanied by proof that:
118	(a)  The applicant completed 4 classroom hours of
119	acceptable continuing education.
120	(b)  The applicant holds a certificate of insurance stating
121	that his or her employer meets the requirements for minimum
122	financial responsibility in s. 482.071(4).
123	(4)  The department shall establish a grace period, not to
124	exceed 30 calendar days after a biennial date established by the
125	department on which recertification is due. The department shall
126	assess a late charge of $50, in addition to the recertification
127	fee, to commercial wildlife management personnel who are
128	recertified after the grace period.
129	(5)  A limited certification automatically expires 180
130	calendar days after the biennial date on which recertification
131	is due unless the commercial wildlife personnel are recertified
132	before the certification expires. Once a certification expires,
133	certification may be issued only upon successful reexamination
134	and payment of the examination fees.
135	(6)  Certification under this section does not authorize:
136	(a)  Use of any pesticide or chemical substance, other than
137	adhesive materials, to control pest birds, rodents, or other
138	nuisance wildlife in, on, or under a structure.
139	(b)  Operation of a pest control business.
140	(c)  Supervision of a certified person.
141	Section 6.  Subsection (6) of section 482.226, Florida
142	Statutes, is amended to read:
143	482.226  Wood-destroying organism inspection report; notice
144	of inspection or treatment; financial responsibility.--
145	(6)  Any licensee that performs wood-destroying organism
146	inspections in accordance with subsection (1) must meet minimum
147	financial responsibility in the form of errors and omissions
148	(professional liability) insurance coverage or bond in an amount
149	no less than $250,000 $50,000 in the aggregate and $25,000 per
150	occurrence, or demonstrate that the licensee has equity or net
151	worth of no less than $500,000 $100,000 as determined by
152	generally accepted accounting principles substantiated by a
153	certified public accountant's review or certified audit. The
154	licensee must show proof of meeting this requirement at the time
155	of license application or renewal thereof.
156	Section 7.  Subsection (1) of section 493.6102, Florida
157	Statutes, is amended to read:
158	493.6102  Inapplicability of this chapter.--This chapter
159	shall not apply to:
160	(1)  Any individual who is an "officer" as defined in s.
161	943.10(14), or is a law enforcement officer of the United States
162	Government, while the such local, state, or federal officer is
163	engaged in her or his official duties or, if approved by the
164	officer's supervisors, when performing off-duty activities as a
165	security officer activities approved by her or his superiors.
166	Section 8.  Section 493.6105, Florida Statutes, is amended
167	to read:
168	493.6105  Initial application for license.--
169	(1)  Each individual, partner, or principal officer in a
170	corporation, shall file with the department a complete
171	application accompanied by an application fee not to exceed $60,
172	except that the applicant for a Class "D" or Class "G" license
173	shall not be required to submit an application fee. The
174	application fee shall not be refundable.
175	(a)  The application submitted by any individual, partner,
176	or corporate officer shall be approved by the department prior
177	to that individual, partner, or corporate officer assuming his
178	or her duties.
179	(b)  Individuals who invest in the ownership of a licensed
180	agency, but do not participate in, direct, or control the
181	operations of the agency shall not be required to file an
182	application.
183	(2)  Each application shall be signed and verified by the
184	individual under oath as provided in s. 92.525 and shall be
185	notarized.
186	(3)  The application shall contain the following
187	information concerning the individual signing same:
188	(a)  Name and any aliases.
189	(b)  Age and date of birth.
190	(c)  Place of birth.
191	(d)  Social security number or alien registration number,
192	whichever is applicable.
193	(e)  Present residence address and his or her residence
194	addresses within the 5 years immediately preceding the
195	submission of the application.
196	(f)  Occupations held presently and within the 5 years
197	immediately preceding the submission of the application.
198	(f)(g)  A statement of all criminal convictions, findings
199	of guilt, and pleas of guilty or nolo contendere, regardless of
200	adjudication of guilt.
201	(g)  One passport-type color photograph taken within the 6
202	months immediately preceding submission of the application.
203	(h)  A statement whether he or she has ever been
204	adjudicated incompetent under chapter 744.
205	(i)  A statement whether he or she has ever been committed
206	to a mental institution under chapter 394.
207	(j)  A full set of fingerprints on a card provided by the
208	department and a fingerprint fee to be established by rule of
209	the department based upon costs determined by state and federal
210	agency charges and department processing costs. An applicant who
211	has, within the immediately preceding 6 months, submitted a
212	fingerprint card and fee for licensing purposes under this
213	chapter shall not be required to submit another fingerprint card
214	or fee.
215	(k)  A personal inquiry waiver which allows the department
216	to conduct necessary investigations to satisfy the requirements
217	of this chapter.
218	(l)  Such further facts as may be required by the
219	department to show that the individual signing the application
220	is of good moral character and qualified by experience and
221	training to satisfy the requirements of this chapter.
222	(4)  In addition to the application requirements outlined
223	in subsection (3), the applicant for a Class "C," Class "CC,"
224	Class "E," Class "EE," or Class "G" license shall submit two
225	color photographs taken within the 6 months immediately
226	preceding the submission of the application, which meet
227	specifications prescribed by rule of the department. All other
228	applicants shall submit one photograph taken within the 6 months
229	immediately preceding the submission of the application.
230	(4)(5)  In addition to the application requirements
231	outlined under subsection (3), the applicant for a Class "C,"
232	Class "E," Class "M," Class "MA," Class "MB," or Class "MR"
233	license shall include a statement on a form provided by the
234	department of the experience which he or she believes will
235	qualify him or her for such license.
236	(5)(6)  In addition to the requirements outlined in
237	subsection (3), an applicant for a Class "G" license shall
238	satisfy minimum training criteria for firearms established by
239	rule of the department, which training criteria shall include,
240	but is not limited to, 28 hours of range and classroom training
241	taught and administered by a Class "K" licensee; however, no
242	more than 8 hours of such training shall consist of range
243	training. If the applicant can show proof that he or she is an
244	active law enforcement officer currently certified under the
245	Criminal Justice Standards and Training Commission or has
246	completed the training required for that certification within
247	the last 12 months, or if the applicant submits one of the
248	certificates specified in paragraph (6)(a) (7)(a), the
249	department may waive the foregoing firearms training
250	requirement.
251	(6)(7)  In addition to the requirements under subsection
252	(3), an applicant for a Class "K" license shall:
253	(a)  Submit one of the following certificates:
254	1.  The Florida Criminal Justice Standards and Training
255	Commission Firearms Instructor's Certificate and confirmation by
256	the commission that the applicant is authorized to provide
257	firearms instruction.
258	2.  The National Rifle Association Law Enforcement Police
259	Firearms Instructor's Certificate.
260	3.  The National Rifle Association Security Firearms
261	Instructor's Certificate.
262	3.4.  A firearms instructor's training certificate issued
263	by any branch of the United States Armed Forces, from a federal
264	law enforcement academy or agency, state, county, or municipal
265	police academy in this state recognized as such by the Criminal
266	Justice Standards and Training Commission or by the Department
267	of Education.
268	(b)  Pay the fee for and pass an examination administered
269	by the department which shall be based upon, but is not
270	necessarily limited to, a firearms instruction manual provided
271	by the department.
272	(7)(8)  In addition to the application requirements for
273	individuals, partners, or officers outlined under subsection
274	(3), the application for an agency license shall contain the
275	following information:
276	(a)  The proposed name under which the agency intends to
277	operate.
278	(b)  The street address, mailing address, and telephone
279	numbers of the principal location at which business is to be
280	conducted in this state.
281	(c)  The street address, mailing address, and telephone
282	numbers of all branch offices within this state.
283	(d)  The names and titles of all partners or, in the case
284	of a corporation, the names and titles of its principal
285	officers.
286	(8)(9)  Upon submission of a complete application, a Class
287	"CC," Class "C," Class "D," Class "EE," Class "E," Class "M,"
288	Class "MA," Class "MB," or Class "MR" applicant may commence
289	employment or appropriate duties for a licensed agency or branch
290	office. However, the Class "C" or Class "E" applicant must work
291	under the direction and control of a sponsoring licensee while
292	his or her application is being processed. If the department
293	denies application for licensure, the employment of the
294	applicant must be terminated immediately, unless he or she
295	performs only unregulated duties.
296	Section 9.  Paragraph (f) of subsection (1) and paragraph
297	(a) of subsection (2) of section 493.6106, Florida Statutes, are
298	amended, and paragraph (g) is added to subsection (1) of that
299	section, to read:
300	493.6106  License requirements; posting.--
301	(1)  Each individual licensed by the department must:
302	(f)  Be a citizen or permanent legal resident alien of the
303	United States or have appropriate been granted authorization
304	issued to seek employment in this country by the United States
305	Bureau of Citizenship and Immigration Services of the United
306	States Department of Homeland Security.
307	1.  An applicant for a Class "C," Class "CC," Class "D,"
308	Class "DI," Class "E," Class "EE," Class "M," Class "MA," Class
309	"MB," Class "MR," or Class "RI" license who is not a United
310	States citizen must submit proof of current employment
311	authorization issued by the United States Bureau of Citizenship
312	and Immigration Services or proof that she or he is deemed a
313	permanent legal resident alien by the United States Bureau of
314	Citizenship and Immigration Services.
315	2.  An applicant for a Class "G" or Class "K" license who
316	is not a United States citizen must submit proof that she or he
317	is deemed a permanent legal resident alien by the United States
318	Bureau of Citizenship and Immigration Services, together with
319	additional documentation establishing that she or he has resided
320	in the state of residence shown on the application for at least
321	90 consecutive days before the date that the application is
322	submitted.
323	3.  An applicant for an agency or school license who is not
324	a United States citizen or permanent legal resident alien must
325	submit documentation issued by the United States Bureau of
326	Citizenship and Immigration Services stating that she or he is
327	lawfully in the United States and is authorized to own and
328	operate the type of agency or school for which she or he is
329	applying. An employment authorization card issued by the United
330	States Bureau of Citizenship and Immigration Services is not
331	sufficient documentation.
332	(g)  Not be prohibited from purchasing or possessing a
333	firearm by state or federal law if the individual is applying
334	for a Class "G" license or a Class "K" license.
335	(2)  Each agency shall have a minimum of one physical
336	location within this state from which the normal business of the
337	agency is conducted, and this location shall be considered the
338	primary office for that agency in this state.
339	(a)  If an agency or branch office desires to change the
340	physical location of the business, as it appears on the agency
341	license, the department must be notified within 10 days of the
342	change, and, except upon renewal, the fee prescribed in s.
343	493.6107 must be submitted for each license requiring revision.
344	Each license requiring revision must be returned with such
345	notification.
346	Section 10.  Subsection (3) of section 493.6107, Florida
347	Statutes, is amended to read:
348	493.6107  Fees.--
349	(3)  The fees set forth in this section must be paid by
350	certified check or money order or, at the discretion of the
351	department, by agency check at the time the application is
352	approved, except that the applicant for a Class "G" or Class "M"
353	license must pay the license fee at the time the application is
354	made. If a license is revoked or denied or if the application is
355	withdrawn, the license fee shall not be refunded.
356	Section 11.  Paragraph (a) of subsection (1) and subsection
357	(3) of section 493.6108, Florida Statutes, are amended to read:
358	493.6108  Investigation of applicants by Department of
359	Agriculture and Consumer Services.--
360	(1)  Except as otherwise provided, prior to the issuance of
361	a license under this chapter, the department shall make an
362	investigation of the applicant for a license. The investigation
363	shall include:
364	(a)1.  An examination of fingerprint records and police
365	records. When a criminal history analysis of any applicant under
366	this chapter is performed by means of fingerprint card
367	identification, the time limitations prescribed by s. 120.60(1)
368	shall be tolled during the time the applicant's fingerprint card
369	is under review by the Department of Law Enforcement or the
370	United States Department of Justice, Federal Bureau of
371	Investigation.
372	2.  If a legible set of fingerprints, as determined by the
373	Department of Law Enforcement or the Federal Bureau of
374	Investigation, cannot be obtained after two attempts, the
375	Department of Agriculture and Consumer Services may determine
376	the applicant's eligibility based upon a criminal history record
377	check under the applicant's name conducted by the Department of
378	Law Enforcement if the and the Federal Bureau of Investigation.
379	A set of fingerprints are taken by a law enforcement agency or
380	the department and the applicant submits a written statement
381	signed by the fingerprint technician or a licensed physician
382	stating that there is a physical condition that precludes
383	obtaining a legible set of fingerprints or that the fingerprints
384	taken are the best that can be obtained is sufficient to meet
385	this requirement.
386	(3)  The department shall also investigate the mental
387	history and current mental and emotional fitness of any Class
388	"G" or Class "K" applicant, and may deny a Class "G" or Class
389	"K" license to anyone who has a history of mental illness or
390	drug or alcohol abuse.
391	Section 12.  Subsection (4) of section 493.6111, Florida
392	Statutes, is amended to read:
393	493.6111  License; contents; identification card.--
394	(4)  Notwithstanding the existence of a valid Florida
395	corporate registration, an no agency or school licensee may not
396	conduct activities regulated under this chapter under any
397	fictitious name without prior written authorization from the
398	department to use that name in the conduct of activities
399	regulated under this chapter. The department may not authorize
400	the use of a name which is so similar to that of a public
401	officer or agency, or of that used by another licensee, that the
402	public may be confused or misled thereby. The authorization for
403	the use of a fictitious name shall require, as a condition
404	precedent to the use of such name, the filing of a certificate
405	of engaging in business under a fictitious name under s. 865.09.
406	A No licensee may not shall be permitted to conduct business
407	under more than one fictitious name except as separately
408	licensed nor shall the license be valid to protect any licensee
409	who is engaged in the business under any name other than that
410	specified in the license. An agency desiring to change its
411	licensed name shall notify the department and, except upon
412	renewal, pay a fee not to exceed $30 for each license requiring
413	revision including those of all licensed employees except Class
414	"D" or Class "G" licensees. Upon the return of such licenses to
415	the department, revised licenses shall be provided.
416	Section 13.  Subsection (2) and paragraph (a) of subsection
417	(3) of section 493.6113, Florida Statutes, are amended to read:
418	493.6113  Renewal application for licensure.--
419	(2)  At least No less than 90 days before prior to the
420	expiration date of the license, the department shall mail a
421	written notice to the last known mailing residence address of
422	the licensee for individual licensees and to the last known
423	agency address for agencies.
424	(3)  Each licensee shall be responsible for renewing his or
425	her license on or before its expiration by filing with the
426	department an application for renewal accompanied by payment of
427	the prescribed license fee.
428	(a)  Each Class "B" Class "A," Class "B," or Class "R"
429	licensee shall additionally submit on a form prescribed by the
430	department a certification of insurance which evidences that the
431	licensee maintains coverage as required under s. 493.6110.
432	Section 14.  Subsection (8), paragraph (d) of subsection
433	(12), and subsection (16) of section 493.6115, Florida Statutes,
434	are amended to read:
435	493.6115  Weapons and firearms.--
436	(8)  A Class "G" applicant must satisfy the minimum
437	training criteria as set forth in s. 493.6105(5)(6) and as
438	established by rule of the department.
439	(12)  The department may issue a temporary Class "G"
440	license, on a case-by-case basis, if:
441	(d)  The applicant has received approval from the
442	department subsequent to its conduct of a criminal history
443	record check as authorized in s. 493.6108(1)(a)1. 493.6121(6).
444	(16)  If the criminal history record check program
445	referenced in s. 493.6108(1)(a)1. 493.6121(6) is inoperable, the
446	department may issue a temporary "G" license on a case-by-case
447	basis, provided that the applicant has met all statutory
448	requirements for the issuance of a temporary "G" license as
449	specified in subsection (12), excepting the criminal history
450	record check stipulated there; provided, that the department
451	requires that the licensed employer of the applicant conduct a
452	criminal history record check of the applicant pursuant to
453	standards set forth in rule by the department, and provide to
454	the department an affidavit containing such information and
455	statements as required by the department, including a statement
456	that the criminal history record check did not indicate the
457	existence of any criminal history that would prohibit licensure.
458	Failure to properly conduct such a check, or knowingly providing
459	incorrect or misleading information or statements in the
460	affidavit shall constitute grounds for disciplinary action
461	against the licensed agency, including revocation of license.
462	Section 15.  Paragraph (u) of subsection (1) of section
463	493.6118, Florida Statutes, is redesignated as paragraph (v),
464	and a new paragraph (u) is added to that subsection to read:
465	493.6118  Grounds for disciplinary action.--
466	(1)  The following constitute grounds for which
467	disciplinary action specified in subsection (2) may be taken by
468	the department against any licensee, agency, or applicant
469	regulated by this chapter, or any unlicensed person engaged in
470	activities regulated under this chapter.
471	(u)  For a Class "G" or a Class "K" applicant or licensee,
472	being prohibited from purchasing or possessing a firearm by
473	state or federal law.
474	Section 16.  Subsections (7) and (8) of section 493.6121,
475	Florida Statutes, are renumbered as subsections (6) and (7),
476	respectively, and present subsection (6) of that section is
477	amended, to read:
478	493.6121  Enforcement; investigation.--
479	(6)  The department shall be provided access to the program
480	that is operated by the Department of Law Enforcement, pursuant
481	to s. 790.065, for providing criminal history record information
482	to licensed gun dealers, manufacturers, and exporters. The
483	department may make inquiries, and shall receive responses in
484	the same fashion as provided under s. 790.065. The department
485	shall be responsible for payment to the Department of Law
486	Enforcement of the same fees as charged to others afforded
487	access to the program.
488	Section 17.  Subsection (3) of section 493.6202, Florida
489	Statutes, is amended to read:
490	493.6202  Fees.--
491	(3)  The fees set forth in this section must be paid by
492	certified check or money order or, at the discretion of the
493	department, by agency check at the time the application is
494	approved, except that the applicant for a Class "G," Class "C,"
495	Class "CC," Class "M," or Class "MA" license must pay the
496	license fee at the time the application is made. If a license is
497	revoked or denied or if the application is withdrawn, the
498	license fee shall not be refunded.
499	Section 18.  Subsections (2), (4), and (6) of section
500	493.6203, Florida Statutes, are amended to read:
501	493.6203  License requirements.--In addition to the license
502	requirements set forth elsewhere in this chapter, each
503	individual or agency shall comply with the following additional
504	requirements:
505	(2)  An applicant for a Class "MA" license shall have 2
506	years of lawfully gained, verifiable, full-time experience, or
507	training in:
508	(a)  Private investigative work or related fields of work
509	that provided equivalent experience or training;
510	(b)  Work as a Class "CC" licensed intern;
511	(c)  Any combination of paragraphs (a) and (b);
512	(d)  Experience described in paragraph (a) for 1 year and
513	experience described in paragraph (e) for 1 year;
514	(e)  No more than 1 year using:
515	1.  College coursework related to criminal justice,
516	criminology, or law enforcement administration; or
517	2.  Successfully completed law enforcement-related training
518	received from any federal, state, county, or municipal agency;
519	or
520	(f)  Experience described in paragraph (a) for 1 year and
521	work in a managerial or supervisory capacity for 1 year.
522
523	However, experience in performing bodyguard services is not
524	creditable toward the requirements of this subsection.
525	(4)  An applicant for a Class "C" license shall have 2
526	years of lawfully gained, verifiable, full-time experience, or
527	training in one, or a combination of more than one, of the
528	following:
529	(a)  Private investigative work or related fields of work
530	that provided equivalent experience or training.
531	(b)  College coursework related to criminal justice,
532	criminology, or law enforcement administration, or successful
533	completion of any law enforcement-related training received from
534	any federal, state, county, or municipal agency, except that no
535	more than 1 year may be used from this category.
536	(c)  Work as a Class "CC" licensed intern.
537
538	However, experience in performing bodyguard services is not
539	creditable toward the requirements of this subsection.
540	(6)(a)  A Class "CC" licensee shall serve an internship
541	under the direction and control of a designated sponsor, who is
542	a Class "C," Class "MA," or Class "M" licensee.
543	(b)  Effective July 1, 2009 September 1, 2008, before
544	submission of an application to the department, the an applicant
545	for a Class "CC" license must have completed a minimum of 40 at
546	least 24 hours of professional training a 40-hour course
547	pertaining to general investigative techniques and this chapter,
548	which course is offered by a state university or by a school,
549	community college, college, or university under the purview of
550	the Department of Education, and the applicant must pass an
551	examination. The training must be provided in two parts, one 24-
552	hour course and one 16-hour course. The certificate evidencing
553	satisfactory completion of the 40 at least 24 hours of
554	professional training a 40-hour course must be submitted with
555	the application for a Class "CC" license. The remaining 16 hours
556	must be completed and an examination passed within 180 days. If
557	documentation of completion of the required training is not
558	submitted within the specified timeframe, the individual's
559	license is automatically suspended or his or her authority to
560	work as a Class "CC" pursuant to s. 493.6105(9) is rescinded
561	until such time as proof of certificate of completion is
562	provided to the department. The training course specified in
563	this paragraph may be provided by face-to-face presentation,
564	online technology, or a home study course in accordance with
565	rules and procedures of the Department of Education. The
566	administrator of the examination must verify the identity of
567	each applicant taking the examination.
568	1.  Upon an applicant's successful completion of each part
569	of the approved training course and passage of any required
570	examination, the school, community college, college, or
571	university shall issue a certificate of completion to the
572	applicant. The certificates must be on a form established by
573	rule of the department.
574	2.  The department shall establish by rule the general
575	content of the professional training course and the examination
576	criteria.
577	3.  If the license of an applicant for relicensure is has
578	been invalid for more than 1 year, the applicant must complete
579	the required training and pass any required examination.
580	(c)  An individual who submits an application for a Class
581	"CC" license on or after September 1, 2008, through June 30,
582	2009, who has not completed the 16-hour course must submit proof
583	of successful completion of the course within 180 days after the
584	date the application is submitted. If documentation of
585	completion of the required training is not submitted by that
586	date, the individual's license is automatically suspended until
587	proof of the required training is submitted to the department.
588	An individual licensed on or before August 31, 2008, is not
589	required to complete additional training hours in order to renew
590	an active license beyond the required total amount of training,
591	and within the timeframe, in effect at the time he or she was
592	licensed.
593	Section 19.  Subsection (3) of section 493.6302, Florida
594	Statutes, is amended to read:
595	493.6302  Fees.--
596	(3)  The fees set forth in this section must be paid by
597	certified check or money order or, at the discretion of the
598	department, by agency check at the time the application is
599	approved, except that the applicant for a Class "D," Class "G,"
600	Class "M," or Class "MB" license must pay the license fee at the
601	time the application is made. If a license is revoked or denied
602	or if the application is withdrawn, the license fee shall not be
603	refunded.
604	Section 20.  Subsection (4) of section 493.6303, Florida
605	Statutes, is amended to read:
606	493.6303  License requirements.--In addition to the license
607	requirements set forth elsewhere in this chapter, each
608	individual or agency shall comply with the following additional
609	requirements:
610	(4)(a)  Effective July 1, 2009, an applicant for a Class
611	"D" license must submit proof of successful completion of
612	complete a minimum of 40 hours of professional training at a
613	school or training facility licensed by the department. The
614	training must be provided in two parts, one 24-hour course and
615	one 16-hour course. The department shall by rule establish the
616	general content and number of hours of each subject area to be
617	taught.
618	(b)  An individual who submits an application for a Class
619	"D" license on or after January 1, 2007, through June 30, 2009,
620	who has not completed the 16-hour course must submit proof of
621	successful completion of the course within 180 days after the
622	date the application is submitted. If documentation of
623	completion of the required training is not submitted by that
624	date, the individual's license is automatically suspended until
625	proof of the required training is submitted to the department.
626	This section does not require a person licensed before January
627	1, 2007, to complete additional training hours in order to renew
628	an active license beyond the required total amount of training
629	within the timeframe prescribed by law at the time he or she was
630	licensed. An applicant may fulfill the training requirement
631	prescribed in paragraph (a) by submitting proof of:
632	1.  Successful completion of the total number of required
633	hours of training before initial application for a Class "D"
634	license; or
635	2.  Successful completion of 24 hours of training before
636	initial application for a Class "D" license and successful
637	completion of the remaining 16 hours of training within 180 days
638	after the date that the application is submitted. If
639	documentation of completion of the required training is not
640	submitted within the specified timeframe, the individual's
641	license is automatically suspended until such time as proof of
642	the required training is provided to the department.
643	(c)  An individual However, any person whose license is
644	suspended or has been revoked, suspended pursuant to paragraph
645	(b) subparagraph 2., or is expired for at least 1 year, or
646	longer is considered, upon reapplication for a license, an
647	initial applicant and must submit proof of successful completion
648	of 40 hours of professional training at a school or training
649	facility licensed by the department as provided prescribed in
650	paragraph (a) before a license is will be issued. Any person
651	whose license was issued before January 1, 2007, and whose
652	license has been expired for less than 1 year must, upon
653	reapplication for a license, submit documentation of completion
654	of the total number of hours of training prescribed by law at
655	the time her or his initial license was issued before another
656	license will be issued. This subsection does not require an
657	individual licensed before January 1, 2007, to complete
658	additional training hours in order to renew an active license,
659	beyond the required total amount of training within the
660	timeframe prescribed by law at the time she or he was licensed.
661	Section 21.  Subsection (2) of section 493.6304, Florida
662	Statutes, is amended to read:
663	493.6304  Security officer school or training facility.--
664	(2)  The application shall be signed and verified by the
665	applicant under oath as provided in s. 92.525 notarized and
666	shall contain, at a minimum, the following information:
667	(a)  The name and address of the school or training
668	facility and, if the applicant is an individual, her or his
669	name, address, and social security or alien registration number.
670	(b)  The street address of the place at which the training
671	is to be conducted.
672	(c)  A copy of the training curriculum and final
673	examination to be administered.
674	Section 22.  Subsections (7) and (8) of section 493.6401,
675	Florida Statutes, are amended to read:
676	493.6401  Classes of licenses.--
677	(7)  Any person who operates a recovery agent repossessor
678	school or training facility or who conducts an Internet-based
679	training course or a correspondence training course must have a
680	Class "RS" license.
681	(8)  Any individual who teaches or instructs at a Class
682	"RS" recovery agent repossessor school or training facility
683	shall have a Class "RI" license.
684	Section 23.  Paragraphs (f) and (g) of subsection (1) and
685	subsection (3) of section 493.6402, Florida Statutes, are
686	amended to read:
687	493.6402  Fees.--
688	(1)  The department shall establish by rule biennial
689	license fees which shall not exceed the following:
690	(f)  Class "RS" license--recovery agent repossessor school
691	or training facility: $60.
692	(g)  Class "RI" license--recovery agent repossessor school
693	or training facility instructor: $60.
694	(3)  The fees set forth in this section must be paid by
695	certified check or money order, or, at the discretion of the
696	department, by agency check at the time the application is
697	approved, except that the applicant for a Class "E," Class "EE,"
698	or Class "MR" license must pay the license fee at the time the
699	application is made. If a license is revoked or denied, or if an
700	application is withdrawn, the license fee shall not be refunded.
701	Section 24.  Subsections (1) and (2) of section 493.6406,
702	Florida Statutes, are amended to read:
703	493.6406  Recovery agent Repossession services school or
704	training facility.--
705	(1)  Any school, training facility, or instructor who
706	offers the training outlined in s. 493.6403(2) for Class "E" or
707	Class "EE" applicants shall, before licensure of such school,
708	training facility, or instructor, file with the department an
709	application accompanied by an application fee in an amount to be
710	determined by rule, not to exceed $60. The fee shall not be
711	refundable. This training may be offered as face-to-face
712	training, Internet-based training, or correspondence training.
713	(2)  The application shall be signed and verified by the
714	applicant under oath as provided in s. 92.525 notarized and
715	shall contain, at a minimum, the following information:
716	(a)  The name and address of the school or training
717	facility and, if the applicant is an individual, his or her
718	name, address, and social security or alien registration number.
719	(b)  The street address of the place at which the training
720	is to be conducted or the street address of the Class "RS"
721	school offering Internet-based or correspondence training.
722	(c)  A copy of the training curriculum and final
723	examination to be administered.
724	Section 25.  Paragraph (a) of subsection (2) of section
725	501.605, Florida Statutes, is amended to read:
726	501.605  Licensure of commercial telephone sellers.--
727	(2)  An applicant for a license as a commercial telephone
728	seller must submit to the department, in such form as it
729	prescribes, a written application for the license. The
730	application must set forth the following information:
731	(a)  The true name, date of birth, driver's license number,
732	social security number, and home address of the applicant,
733	including each name under which he or she intends to do
734	business.
735
736	The application shall be accompanied by a copy of any: Script,
737	outline, or presentation the applicant will require or suggest a
738	salesperson to use when soliciting, or, if no such document is
739	used, a statement to that effect; sales information or
740	literature to be provided by the applicant to a salesperson; and
741	sales information or literature to be provided by the applicant
742	to a purchaser in connection with any solicitation.
743	Section 26.  Paragraph (a) of subsection (1) of section
744	501.607, Florida Statutes, is amended to read:
745	501.607  Licensure of salespersons.--
746	(1)  An applicant for a license as a salesperson must
747	submit to the department, in such form as it prescribes, a
748	written application for a license. The application must set
749	forth the following information:
750	(a)  The true name, date of birth, driver's license number,
751	social security number, and home address of the applicant.
752	Section 27.  Subsection (2) of section 501.913, Florida
753	Statutes, is amended to read:
754	501.913  Registration.--
755	(2)  The completed application shall be accompanied by:
756	(a)  Specimens or facsimiles of the label for each brand of
757	antifreeze;
758	(b)  An application fee of $200 for each brand; and
759	(c)  A properly labeled sample of at least 1 gallon, but
760	not more than 2 gallons, of each brand of antifreeze.
761	Section 28.  Subsection (2) of section 525.01, Florida
762	Statutes, is amended to read:
763	525.01  Gasoline and oil to be inspected.--
764	(2)  All petroleum fuels are shall be subject to inspection
765	and analysis by the department. Before selling or offering for
766	sale in this state any petroleum fuel, all manufacturers,
767	terminal suppliers, wholesalers, and importers as defined in s.
768	206.01 jobbers shall file with the department:
769	(a)  An affidavit that they desire to do business in this
770	state, and the name and address of the manufacturer of the
771	petroleum fuel.
772	(b)  An affidavit stating that the petroleum fuel is in
773	conformity with the standards prescribed by department rule.
774	Section 29.  Subsections (1) and (3) of section 525.09,
775	Florida Statutes, are amended to read:
776	525.09  Inspection fee.--
777	(1)  For the purpose of defraying the expenses incident to
778	inspecting, testing, and analyzing petroleum fuels in this
779	state, there shall be paid to the department a charge of one-
780	eighth cent per gallon on all gasoline, alternative fuel
781	containing alcohol as defined in s. 525.01(1)(c)1. or 2.,
782	kerosene (except when used as aviation turbine fuel), and #1
783	fuel oil for sale or use in this state. This inspection fee
784	shall be imposed in the same manner as the motor fuel tax
785	pursuant to s. 206.41. Payment shall be made on or before the
786	25th day of each month.
787	(3)  All remittances to the department for the inspection
788	tax herein provided shall be accompanied by a detailed report
789	under oath showing the number of gallons of gasoline,
790	alternative fuel containing alcohol as defined in s.
791	525.01(1)(c)1. and 2., kerosene, or fuel oil sold and delivered
792	in each county.
793	Section 30.  Section 526.50, Florida Statutes, is amended
794	to read:
795	526.50  Definition of terms.--As used in this part:
796	(1)  "Brake fluid" means the fluid intended for use as the
797	liquid medium through which force is transmitted in the
798	hydraulic brake system of a vehicle operated upon the highways.
799	(2)  "Brand" means the product name appearing on the label
800	of a container of brake fluid.
801	(3)(5)  "Container" means any receptacle in which brake
802	fluid is immediately contained when sold, but does not mean a
803	carton or wrapping in which a number of such receptacles are
804	shipped or stored or a tank car or truck.
805	(4)(2)  "Department" means the Department of Agriculture
806	and Consumer Services.
807	(5)  "Formula" means the name of the chemical mixture or
808	composition of the brake fluid product.
809	(6)(4)  "Labeling" includes all written, printed or graphic
810	representations, in any form whatsoever, imprinted upon or
811	affixed to any container of brake fluid.
812	(7)(6)  "Permit year" means a period of 12 months
813	commencing July 1 and ending on the next succeeding June 30.
814	(8)(7)  "Registrant" means any manufacturer, packer,
815	distributor, seller, or other person who has registered a brake
816	fluid with the department.
817	(9)(3)  "Sell" includes give, distribute, barter, exchange,
818	trade, keep for sale, offer for sale or expose for sale, in any
819	of their variant forms.
820	Section 31.  Section 526.51, Florida Statutes, is amended
821	to read:
822	526.51  Registration; renewal and fees; departmental
823	expenses; cancellation or refusal to issue or renew.--
824	(1)(a)  Application for registration of each brand of brake
825	fluid shall be made on forms to be supplied by the department.
826	The applicant shall give his or her name and address and the
827	brand name of the brake fluid, state that he or she owns the
828	brand name and has complete control over the product sold
829	thereunder in Florida, and provide the name and address of the
830	resident agent in Florida. If the applicant does not own the
831	brand name but wishes to register the product with the
832	department, a notarized affidavit that gives the applicant full
833	authorization to register the brand name and that is signed by
834	the owner of the brand name must accompany the application for
835	registration. The affidavit must include all affected brand
836	names, the owner's company or corporate name and address, the
837	applicant's company or corporate name and address, and a
838	statement from the owner authorizing the applicant to register
839	the product with the department. The owner of the brand name
840	shall maintain complete control over each product sold under
841	that brand name in this state. All first-time brand-formula
842	combination new product applications must be accompanied by a
843	certified report from an independent testing laboratory, setting
844	forth the analysis of the brake fluid which shall show its
845	quality to be not less than the specifications established by
846	the department for brake fluids. A sample of not less than 24
847	fluid ounces of brake fluid shall be submitted, in a container
848	or containers, with labels representing exactly how the
849	containers of brake fluid will be labeled when sold, and the
850	sample and container shall be analyzed and inspected by the
851	Division of Standards in order that compliance with the
852	department's specifications and labeling requirements may be
853	verified. Upon approval of the application, the department shall
854	register the brand name of the brake fluid and issue to the
855	applicant a permit authorizing the registrant to sell the brake
856	fluid in this state during the permit year specified in the
857	permit.
858	(b)  Each applicant shall pay a fee of $100 with each
859	application. An applicant seeking reregistration of a previously
860	registered brand-formula combination must submit a completed
861	application and all materials required under this subsection to
862	the department before the first day of the permit year. A brand-
863	formula combination for which a completed application and all
864	materials required under this subsection are not received before
865	the first day of the permit year ceases to be registered with
866	the department until a completed application and all materials
867	required under this subsection are received and approved. Any
868	fee, application, or materials received after the first day of
869	the permit year, if the brand-formula combination was previously
870	registered with the department, A permit may be renewed by
871	application to the department, accompanied by a renewal fee of
872	$50 on or before the last day of the permit year immediately
873	preceding the permit year for which application is made for
874	renewal of registration. To any fee not paid when due, there
875	shall accrue a penalty of $25, which shall be added to the
876	renewal fee. Renewals will be accepted only on brake fluids that
877	have no change in formula, composition, or brand name. Any
878	change in formula, composition, or brand name of any brake fluid
879	constitutes a new product that must be registered in accordance
880	with this part.
881	(2)  All fees collected under the provisions of this
882	section shall be credited to the General Inspection Trust Fund
883	of the department and all expenses incurred in the enforcement
884	of this part shall be paid from said fund.
885	(3)  The department may cancel or, refuse to issue or
886	refuse to renew any registration and permit after due notice and
887	opportunity to be heard if it finds that the brake fluid is
888	adulterated or misbranded or that the registrant has failed to
889	comply with the provisions of this part or the rules and
890	regulations promulgated thereunder.
891	Section 32.  Paragraph (a) of subsection (3) of section
892	526.52, Florida Statutes, is amended to read:
893	526.52  Specifications; adulteration and misbranding.--
894	(3)  Brake fluid is deemed to be misbranded:
895	(a)  If its container does not bear on its side or top a
896	label on which is printed the name and place of business of the
897	registrant of the product, the words "brake fluid," and a
898	statement that the product therein equals or exceeds the minimum
899	specification of the Society of Automotive Engineers for heavy-
900	duty-type brake fluid or equals or exceeds Federal Motor Vehicle
901	Safety Standard No. 116 adopted by the United States Department
902	of Transportation, heavy-duty-type. By regulation the department
903	may require that the duty-type classification appear on the
904	label.
905	Section 33.  Subsection (2) of section 526.53, Florida
906	Statutes, is amended to read:
907	526.53  Enforcement; inspection and analysis, stop-sale and
908	disposition, regulations.--
909	(2)(a)  When any brake fluid is sold in violation of any of
910	the provisions of this part, all such affected brake fluid of
911	the same brand name on the same premises on which the violation
912	occurred shall be placed under a stop-sale order by the
913	department by serving the owner of the brand name, distributor,
914	or other entity responsible for selling or distributing the
915	product in the state with the stop-sale order. The department
916	shall withdraw its stop-sale order upon the removal of the
917	violation or upon voluntary destruction of the product, or other
918	disposal approved by the department, under the supervision of
919	the department.
920	(b)  In addition to being subject to the stop-sale
921	procedures above, unregistered brake fluid shall be held by the
922	department or its representative, at a place to be designated in
923	the stop-sale order, until properly registered and released in
924	writing by the department or its representative. If application
925	is has not been made for registration of the such product within
926	30 days after issue of the stop-sale order, such product shall
927	be disposed of by the department, or, with the department's
928	consent, by the business, to any tax-supported institution or
929	agency of the state if the brake fluid meets legal
930	specifications or by other disposal authorized by rule of the
931	department if it fails to meet legal specifications.
932	Section 34.  Subsections (2) and (5) of section 527.02,
933	Florida Statutes, are amended to read:
934	527.02  License; penalty; fees.--
935	(2)  Each business location of a person having multiple
936	locations shall be separately licensed and must meet the
937	requirements of this section. Such license shall be granted to
938	any applicant determined by the department to be competent,
939	qualified, and trustworthy who files with the department a
940	surety bond, insurance affidavit, or other proof of insurance,
941	as hereinafter specified, and pays for such license the
942	following original application fee for new licenses and annual
943	renewal fees for existing licenses:
944
	License Category OriginalApplication Fee RenewalFee
945
	Category I liquefied petroleumgas dealer . . . . . . . . . . . . $600 $525 $500 $425
946
	Category II liquefied petroleumgas dispenser . . . . . . . . . . . . 525 425 375
947
	Category III liquefied petroleumgas cylinder exchange unitoperator . . . . . . . . . . . . 125 100 75 65
948
	Category IV liquefied petroleum gas dispenser and recreational vehicle servicer . . . . . . . . . . . . 525 425 400
949
	Category V liquefied petroleumpetroleum gases dealer for industrial uses only . . . . . . . . . . . . 350 300 275 200
950
	LP gasinstaller . . . . . . . . . . . . 400 300 300 200
951
	Specialtyinstaller . . . . . . . . . . . . 300 250 200
952
	Dealer in appliances and equipmentfor use of liquefied petroleumgas . . . . . . . . . . . . 50 45
953
	Manufacturer of liquefiedpetroleum gas appliances andequipment . . . . . . . . . . . . 525 425 375
954
	Requalifier ofcylinders . . . . . . . . . . . . 525 425 375
955
	Fabricator, repairer, andtester of vehicles and cargotanks . . . . . . . . . . . . 525 425 375
956
957	(5)  The license fee for a pipeline system operator shall
958	be $350 $100 per system owned or operated by the person, not to
959	exceed $400 per license year. Such license fee applies only to a
960	pipeline system operator who owns or operates a liquefied
961	petroleum gas pipeline system that is used to transmit liquefied
962	petroleum gas from a common source to the ultimate customer and
963	that serves 10 or more customers. The license shall be renewed
964	each year at a fee of $275 per year.
965	Section 35.  Subsections (1) and (3) and paragraphs (a) and
966	(c) of subsection (5) of section 527.0201, Florida Statutes, are
967	amended to read:
968	527.0201  Qualifiers; master qualifiers; examinations.--
969	(1)  In addition to the requirements of s. 527.02, any
970	person applying for a license to engage in the activities of a
971	pipeline system operator, category I liquefied petroleum gas
972	dealer, category II liquefied petroleum gas dispenser, category
973	IV liquefied petroleum gas dispenser and recreational vehicle
974	servicer, category V liquefied petroleum gases dealer for
975	industrial uses only, LP gas installer, specialty installer,
976	requalifier requalification of cylinders, or fabricator,
977	repairer, and tester of vehicles and cargo tanks must prove
978	competency by passing a written examination administered by the
979	department or its agent with a grade of at least 75 percent in
980	each area tested or above. Each applicant for examination shall
981	submit a $30 $20 nonrefundable fee. The department shall by rule
982	specify the general areas of competency to be covered by each
983	examination and the relative weight to be assigned in grading
984	each area tested.
985	(3)  Qualifier cards issued to category I liquefied
986	petroleum gas dealers and liquefied petroleum gas installers
987	shall expire 3 years after the date of issuance. All category I
988	liquefied petroleum gas dealer qualifiers and liquefied
989	petroleum gas installer qualifiers holding a valid qualifier
990	card upon the effective date of this act shall retain their
991	qualifier status until July 1, 2003, and may sit for the master
992	qualifier examination at any time during that time period. All
993	such category I liquefied petroleum gas dealer qualifiers and
994	liquefied petroleum gas installer qualifiers may renew their
995	qualification on or before July 1, 2003, upon application to the
996	department, payment of a $20 renewal fee, and documentation of
997	the completion of a minimum of 16 12 hours of approved
998	continuing education courses, as defined by department rule,
999	during the previous 3-year period. Applications for renewal must
1000	be made 30 calendar days prior to expiration. Persons failing to
1001	renew prior to the expiration date must reapply and take a
1002	qualifier competency examination in order to reestablish
1003	category I liquefied petroleum gas dealer qualifier and
1004	liquefied petroleum gas installer qualifier status. If a
1005	category I liquefied petroleum gas qualifier or liquefied
1006	petroleum gas installer qualifier becomes a master qualifier at
1007	any time during the effective date of the qualifier card, the
1008	card shall remain in effect until expiration of the master
1009	qualifier certification.
1010	(5)  In addition to all other licensing requirements, each
1011	category I liquefied petroleum gas dealer and liquefied
1012	petroleum gas installer must, at the time of application for
1013	licensure, identify to the department one master qualifier who
1014	is a full-time employee at the licensed location. This person
1015	shall be a manager, owner, or otherwise primarily responsible
1016	for overseeing the operations of the licensed location and must
1017	provide documentation to the department as provided by rule. The
1018	master qualifier requirement shall be in addition to the
1019	requirements of subsection (1).
1020	(a)  In order to apply for certification as a master
1021	qualifier, each applicant must be a category I liquefied
1022	petroleum gas dealer qualifier or liquefied petroleum gas
1023	installer qualifier, must be employed by a licensed category I
1024	liquefied petroleum gas dealer, liquefied petroleum gas
1025	installer, or applicant for such license, must provide
1026	documentation of a minimum of 1 year's work experience in the
1027	gas industry, and must pass a master qualifier competency
1028	examination. Master qualifier examinations shall be based on
1029	Florida's laws, rules, and adopted codes governing liquefied
1030	petroleum gas safety, general industry safety standards, and
1031	administrative procedures. The examination must be successfully
1032	passed completed by the applicant with a grade of at least 75
1033	percent or more. Each applicant for master qualifier status
1034	shall submit to the department a nonrefundable $50 $30
1035	examination fee prior to the examination.
1036	(c)  Master qualifier status shall expire 3 years after the
1037	date of issuance of the certificate and may be renewed by
1038	submission to the department of documentation of completion of
1039	at least 16 12 hours of approved continuing education courses
1040	during the 3-year period; proof of employment with a licensed
1041	category I liquefied petroleum gas dealer, liquefied petroleum
1042	gas installer, or applicant; and a $30 certificate renewal fee.
1043	The department shall define, by rule, approved courses of
1044	continuing education.
1045	Section 36.  Subsection (4) of section 527.021, Florida
1046	Statutes, is amended to read:
1047	527.021  Registration of transport vehicles.--
1048	(4)  An inspection fee of $75 $50 shall be assessed for
1049	each registered vehicle inspected by the department pursuant to
1050	s. 527.061. Registered vehicles shall be inspected annually. All
1051	inspection fees collected in connection with this section shall
1052	be deposited in the General Inspection Trust Fund for the
1053	purpose of administering the provisions of this chapter.
1054	Section 37.  Section 527.12, Florida Statutes, is amended
1055	to read:
1056	527.12  Cease and desist orders; stop-use orders; stop-
1057	operation orders; stop-sale orders; administrative fines.--
1058	(1)  Whenever the department has shall have reason to
1059	believe that any person is violating or has violated been
1060	violating provisions of this chapter or any rules adopted under
1061	this chapter pursuant thereto, the department it may issue a
1062	cease and desist order, or impose a civil penalty, or do both
1063	may issue such cease and desist order and impose a civil
1064	penalty.
1065	(2)  Whenever a person or liquefied petroleum gas system or
1066	storage facility, or any part or component thereof, fails to
1067	comply with this chapter or any rules adopted under this
1068	chapter, the department may issue a stop-use order, stop-
1069	operation order, or stop-sale order.
1070	Section 38.  Subsection (1) of section 559.805, Florida
1071	Statutes, is amended to read:
1072	559.805  Filings with the department; disclosure of
1073	advertisement identification number.--
1074	(1)  Every seller of a business opportunity shall annually
1075	file with the department a copy of the disclosure statement
1076	required by s. 559.803 before prior to placing an advertisement
1077	or making any other representation designed to offer to, sell
1078	to, or solicit an offer to buy a business opportunity from a
1079	prospective purchaser in this state and shall update this filing
1080	by reporting any material change in the required information
1081	within 30 days after the material change occurs. An
1082	advertisement is not placed in the state merely because the
1083	publisher circulates, or there is circulated on his or her
1084	behalf in the state, any bona fide newspaper or other
1085	publication of general, regular, and paid circulation which has
1086	had more than two-thirds of its circulation during the past 12
1087	months outside the state or because a radio or television
1088	program originating outside the state is received in the state.
1089	If the seller is required by s. 559.807 to provide a bond or
1090	establish a trust account or guaranteed letter of credit, he or
1091	she shall contemporaneously file with the department a copy of
1092	the bond, a copy of the formal notification by the depository
1093	that the trust account is established, or a copy of the
1094	guaranteed letter of credit. Every seller of a business
1095	opportunity shall file with the department a list of independent
1096	agents who will engage in the offer or sale of business
1097	opportunities on behalf of the seller in this state. This list
1098	must be kept current and shall include the following
1099	information: name, home and business address, telephone number,
1100	present employer, social security number, and birth date. A No
1101	person may not shall be allowed to offer or sell business
1102	opportunities unless the required information is has been
1103	provided to the department.
1104	Section 39.  Subsection (3) of section 559.928, Florida
1105	Statutes, is amended to read:
1106	559.928  Registration.--
1107	(3)  Each independent agent shall annually file an
1108	affidavit with the department before prior to engaging in
1109	business in this state. This affidavit must include the
1110	independent agent's full name, legal business or trade name,
1111	mailing address, business address, telephone number, social
1112	security number, and the name or names and addresses of each
1113	seller of travel represented by the independent agent. A letter
1114	evidencing proof of filing must be issued by the department and
1115	must be prominently displayed in the independent agent's primary
1116	place of business. Each independent agent must also submit an
1117	annual registration fee of $50. All moneys collected pursuant to
1118	the imposition of the fee shall be deposited by the Chief
1119	Financial Officer into the General Inspection Trust Fund of the
1120	Department of Agriculture and Consumer Services for the sole
1121	purpose of administrating this part. As used in this subsection,
1122	the term "independent agent" means a person who represents a
1123	seller of travel by soliciting persons on its behalf; who has a
1124	written contract with a seller of travel which is operating in
1125	compliance with this part and any rules adopted thereunder; who
1126	does not receive a fee, commission, or other valuable
1127	consideration directly from the purchaser for the seller of
1128	travel; who does not at any time have any unissued ticket stock
1129	or travel documents in his or her possession; and who does not
1130	have the ability to issue tickets, vacation certificates, or any
1131	other travel document. The term "independent agent" does not
1132	include an affiliate of the seller of travel, as that term is
1133	used in s. 559.935(3), or the employees of the seller of travel
1134	or of such affiliates.
1135	Section 40.  Subsection (7) of section 570.0725, Florida
1136	Statutes, is amended to read:
1137	570.0725  Food recovery; legislative intent; department
1138	functions.--
1139	(7)  For public information purposes, the department may
1140	shall develop and provide a public information brochure
1141	detailing the need for food banks and similar of food recovery
1142	programs, the benefit of such food recovery programs, the manner
1143	in which such organizations may become involved in such food
1144	recovery programs, and the protection afforded to such programs
1145	under s. 768.136, and the food recovery entities or food banks
1146	that exist in the state. This brochure must be updated annually.
1147	A food bank or similar food recovery organization seeking to be
1148	included on a list of such organizations must notify the
1149	department and provide the information required by rule of the
1150	department. Such organizations are responsible for updating the
1151	information and providing the updated information to the
1152	department. The department may adopt rules to implement this
1153	section.
1154	Section 41.  Paragraph (e) of subsection (6) of section
1155	570.53, Florida Statutes, is amended to read:
1156	570.53  Division of Marketing and Development; powers and
1157	duties.--The powers and duties of the Division of Marketing and
1158	Development include, but are not limited to:
1159	(6)
1160	(e)  Extending in every practicable way the distribution
1161	and sale of Florida agricultural products throughout the markets
1162	of the world as required of the department by s. ss. 570.07(7),
1163	(8), (10), and (11) and 570.071 and chapters 571, 573, and 574.
1164	Section 42.  Subsection (2) of section 570.54, Florida
1165	Statutes, is amended to read:
1166	570.54  Director; duties.--
1167	(2)  It shall be the duty of the director of this division
1168	to supervise, direct, and coordinate the activities authorized
1169	by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and
1170	(20), 570.071, 570.21, 534.47-534.53, and 604.15-604.34 and
1171	chapters 504, 571, 573, and 574 and to exercise other powers and
1172	authority as authorized by the department.
1173	Section 43.  Subsection (4) of section 570.55, Florida
1174	Statutes, is amended to read:
1175	570.55  Identification of sellers or handlers of tropical
1176	or subtropical fruit and vegetables; containers specified;
1177	penalties.--
1178	(4)  IDENTIFICATION OF HANDLER.--At the time of each
1179	transaction involving the handling or sale of 55 pounds or more
1180	of tropical or subtropical fruit or vegetables in the primary
1181	channel of trade, the buyer or receiver of the tropical or
1182	subtropical fruit or vegetables shall demand a bill of sale,
1183	invoice, sales memorandum, or other document listing the date of
1184	the transaction, the quantity of the tropical or subtropical
1185	fruit or vegetables involved in the transaction, and the
1186	identification of the seller or handler as it appears on the
1187	driver's license of the seller or handler, including the
1188	driver's license number. If the seller or handler does not
1189	possess a driver's license, the buyer or receiver shall use any
1190	other acceptable means of identification, which may include, but
1191	is not limited to, i.e., voter's registration card and number,
1192	draft card, social security card, or other identification.
1193	However, no less than two identification documents shall be
1194	used. The identification of the seller or handler shall be
1195	recorded on the bill of sale, sales memorandum, invoice, or
1196	voucher, which shall be retained by the buyer or receiver for a
1197	period of not less than 1 year from the date of the transaction.
1198	Section 44.  Subsection (3) of section 570.902, Florida
1199	Statutes, is amended to read:
1200	570.902  Definitions; ss. 570.902 and 570.903.--For the
1201	purpose of ss. 570.902 and 570.903:
1202	(3)  "Museum" means the Florida Agricultural Museum which
1203	is designated as the museum for agriculture and rural history of
1204	the State of Florida.
1205	Section 45.  Section 570.903, Florida Statutes, is amended
1206	to read:
1207	570.903  Direct-support organization.--
1208	(1)  When the Legislature authorizes the establishment of a
1209	direct-support organization to provide assistance for the
1210	museums, the Florida Agriculture in the Classroom Program, the
1211	Florida State Collection of Arthropods, the Friends of the
1212	Florida State Forests Program of the Division of Forestry, and
1213	the Forestry Arson Alert Program, and other programs of the
1214	department, the following provisions shall govern the creation,
1215	use, powers, and duties of the direct-support organization.
1216	(a)  The department shall enter into a memorandum or letter
1217	of agreement with the direct-support organization, which shall
1218	specify the approval of the department, the powers and duties of
1219	the direct-support organization, and rules with which the
1220	direct-support organization shall comply.
1221	(b)  The department may permit, without charge, appropriate
1222	use of property, facilities, and personnel of the department by
1223	a direct-support organization, subject to the provisions of ss.
1224	570.902 and 570.903. The use shall be directly in keeping with
1225	the approved purposes of the direct-support organization and
1226	shall not be made at times or places that would unreasonably
1227	interfere with opportunities for the general public to use
1228	department facilities for established purposes.
1229	(c)  The department shall prescribe by contract or by rule
1230	conditions with which a direct-support organization shall comply
1231	in order to use property, facilities, or personnel of the
1232	department or museum. Such rules shall provide for budget and
1233	audit review and oversight by the department.
1234	(d)  The department shall not permit the use of property,
1235	facilities, or personnel of the museum, department, or
1236	designated program by a direct-support organization which does
1237	not provide equal employment opportunities to all persons
1238	regardless of race, color, religion, sex, age, or national
1239	origin.
1240	(2)(a)  The direct-support organization shall be empowered
1241	to conduct programs and activities; raise funds; request and
1242	receive grants, gifts, and bequests of money; acquire, receive,
1243	hold, invest, and administer, in its own name, securities,
1244	funds, objects of value, or other property, real or personal;
1245	and make expenditures to or for the direct or indirect benefit
1246	of the museum or designated program.
1247	(b)  Notwithstanding the provisions of s. 287.057, the
1248	direct-support organization may enter into contracts or
1249	agreements with or without competitive bidding for the
1250	restoration of objects, historical buildings, and other
1251	historical materials or for the purchase of objects, historical
1252	buildings, and other historical materials which are to be added
1253	to the collections of the museum, or benefit of the designated
1254	program. However, before the direct-support organization may
1255	enter into a contract or agreement without competitive bidding,
1256	the direct-support organization shall file a certification of
1257	conditions and circumstances with the internal auditor of the
1258	department justifying each contract or agreement.
1259	(c)  Notwithstanding the provisions of s. 287.025(1)(e),
1260	the direct-support organization may enter into contracts to
1261	insure property of the museum or designated programs and may
1262	insure objects or collections on loan from others in satisfying
1263	security terms of the lender.
1264	(3)  The direct-support organization shall provide for an
1265	annual financial audit in accordance with s. 215.981.
1266	(4)  Neither a designated program or a museum, nor a
1267	nonprofit corporation trustee or employee may:
1268	(a)  Receive a commission, fee, or financial benefit in
1269	connection with the sale or exchange of property historical
1270	objects or properties to the direct-support organization, the
1271	museum, or the designated program; or
1272	(b)  Be a business associate of any individual, firm, or
1273	organization involved in the sale or exchange of property to the
1274	direct-support organization, the museum, or the designated
1275	program.
1276	(5)  All moneys received by the direct-support organization
1277	shall be deposited into an account of the direct-support
1278	organization and shall be used by the organization in a manner
1279	consistent with the goals of the museum or designated program.
1280	(6)  The identity of a donor or prospective donor who
1281	desires to remain anonymous and all information identifying such
1282	donor or prospective donor are confidential and exempt from the
1283	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1284	Constitution.
1285	(7)  The Commissioner of Agriculture, or the commissioner's
1286	designee, may serve on the board of trustees and the executive
1287	committee of any direct-support organization established to
1288	benefit the museum or any designated program.
1289	(8)  The department shall establish by rule archival
1290	procedures relating to museum artifacts and records. The rules
1291	shall provide procedures which protect the museum's artifacts
1292	and records equivalent to those procedures which have been
1293	established by the Department of State under chapters 257 and
1294	267.
1295	Section 46.  Subsection (4) of section 573.118, Florida
1296	Statutes, is amended to read:
1297	573.118  Assessment; funds; audit; loans.--
1298	(4)  In the event of levying and collecting of assessments,
1299	for each fiscal year in which assessment funds are received by
1300	the department, the department shall maintain records of
1301	collections and expenditures for each marketing order separately
1302	within the state's accounting system. If requested by an
1303	advisory council, department staff shall cause to be made a
1304	thorough annual audit of the books and accounts by a certified
1305	public accountant, such audit to be completed within 60 days
1306	after the request is received end of the fiscal year. The
1307	advisory council department and all producers and handlers
1308	covered by the marketing order shall be provided a copy of the
1309	properly advised of the details of the annual official audit of
1310	the accounts as shown by the certified public accountant within
1311	30 days after completion of the audit.
1312	Section 47.  Subsections (18) through (30) of section
1313	581.011, Florida Statutes, are renumbered as subsections (17)
1314	through (29), respectively, and present subsections (17) and
1315	(20) of that section are amended to read:
1316	581.011  Definitions.--As used in this chapter:
1317	(17)  "Museum" means the Florida State Collection of
1318	Arthropods.
1319	(19)(20)  "Nursery" means any grounds or premises on or in
1320	which nursery stock is grown, propagated, or held for sale or
1321	distribution, including except where aquatic plant species are
1322	tended for harvest in the natural environment.
1323	Section 48.  Paragraph (d) of subsection (14) of section
1324	581.031, Florida Statutes, is amended to read:
1325	581.031  Department; powers and duties.--The department has
1326	the following powers and duties:
1327	(14)
1328	(d)  To prescribe a fee for these services, if provided the
1329	fee does not exceed the cost of the services rendered. Annual
1330	citrus source tree registration fees shall not exceed $15 $5 per
1331	tree. If the fee has not been paid within 30 days of billing, a
1332	penalty of $10 or 20 percent of the unpaid balance, whichever is
1333	greater, shall be assessed.
1334	Section 49.  Subsection (6) of section 581.131, Florida
1335	Statutes, is amended to read:
1336	581.131  Certificate of registration.--
1337	(6)  Neither the certificate of registration fee nor the
1338	annual renewal fee shall exceed $600 $460. The department may
1339	exempt from the payment of a certificate fee those governmental
1340	agency nurseries whose nursery stock is used exclusively for
1341	planting on their own property.
1342	Section 50.  Paragraph (a) of subsection (3) of section
1343	581.211, Florida Statutes, is amended to read:
1344	581.211  Penalties for violations.--
1345	(3)(a)1.  In addition to any other provision of law, the
1346	department may, after notice and hearing, impose an
1347	administrative fine not exceeding $10,000 $5,000 for each
1348	violation of this chapter, upon any person, nurseryman, stock
1349	dealer, agent or plant broker. The fine, when paid, shall be
1350	deposited in the Plant Industry Trust Fund. In addition, the
1351	department may place the violator on probation for up to 1 year,
1352	with conditions.
1353	2.  The imposition of a fine or probation pursuant to this
1354	subsection may be in addition to or in lieu of the suspension or
1355	revocation of a certificate of registration or certificate of
1356	inspection.
1357	Section 51.  Section 583.13, Florida Statutes, is amended
1358	to read:
1359	583.13  Labeling and advertising requirements for dressed
1360	poultry; unlawful acts.--
1361	(1)  It is unlawful for any dealer or broker to sell, offer
1362	for sale, or hold for the purpose of sale in the state any
1363	dressed or ready-to-cook poultry in bulk unless the such poultry
1364	is packed in a container clearly bearing a label, not less than
1365	3 inches by 5 inches, on which shall be plainly and legibly
1366	printed, in letters of not less than one-fourth inch 1/4 in
1367	height, the grade and the part name or whole-bird statement of
1368	such poultry. The grade may be expressed in the term "premium,"
1369	"good," or "standard," or as the grade of another state or
1370	federal agency the standards of quality of which, by law, are
1371	equal to the standards of quality provided by this law and rules
1372	promulgated hereunder.
1373	(2)  It is unlawful to sell unpackaged dressed or ready-to-
1374	cook poultry at retail unless such poultry is labeled by a
1375	placard immediately adjacent to the poultry or unless each bird
1376	is individually labeled to show the grade and the part name or
1377	whole-bird statement. The placard shall be no smaller than 7
1378	inches by 7 inches in size, and the required labeling
1379	information shall be legibly and plainly printed on the placard
1380	in letters not smaller than 1 inch in height.
1381	(3)  It is unlawful to sell packaged dressed or ready-to-
1382	cook poultry at retail unless such poultry is labeled to show
1383	the grade, the part name or whole-bird statement, the net weight
1384	of the poultry, and the name and address of the dealer. The size
1385	of the type on the label must be one-eighth inch or larger. A
1386	placard immediately adjacent to such poultry may be used to
1387	indicate the grade and the part name or whole-bird statement,
1388	but not the net weight of the poultry or the name and address of
1389	the dealer.
1390	(4)  It is unlawful to use dressed or ready-to-cook poultry
1391	in bulk in the preparation of food served to the public, or to
1392	hold such poultry for the purpose of such use, unless the
1393	poultry when received was packed in a container clearly bearing
1394	a label, not less than 3 inches by 5 inches, on which was
1395	plainly and legibly printed, in letters not less than one-fourth
1396	inch in height, the grade and the part name or whole-bird
1397	statement of such poultry. The grade may be expressed in the
1398	term "premium," "good," or "standard," or as the grade of
1399	another state or federal agency the standards of quality of
1400	which, by law, are equal to the standards of quality provided by
1401	this law and rules promulgated hereunder.
1402	(5)  It is unlawful to offer dressed or ready-to-cook
1403	poultry for sale in any advertisement in a newspaper or
1404	circular, on radio or television, or in any other form of
1405	advertising without plainly designating in such advertisement
1406	the grade and the part name or whole-bird statement of such
1407	poultry.
1408	Section 52.  Subsections (4) and (5) of section 590.125,
1409	Florida Statutes, are renumbered as subsections (5) and (6),
1410	respectively, subsection (1), paragraph (b) of subsection (3),
1411	and paragraph (c) of present subsection (4) are amended, and new
1412	subsections (4) and (7) are added to that section, to read:
1413	590.125  Open burning authorized by the division.--
1414	(1)  DEFINITIONS.--As used in this section, the term:
1415	(a)  "Certified pile burner" means an individual who
1416	successfully completes the division's pile burning certification
1417	program and possesses a valid pile burner certification number.
1418	(b)  "Certified prescribed burn manager" means an
1419	individual who successfully completes the certified prescribed
1420	burning certification program of the division and possesses a
1421	valid certification number.
1422	(c)(d)  "Extinguished" means:
1423	1.  that no spreading flame For wild land burning or
1424	certified prescribed burning, that no spreading flames exist.
1425	2.  and no visible flame, smoke, or emissions For
1426	vegetative land-clearing debris burning or pile burning, that no
1427	visible flames exist.
1428	3.  For vegetative land-clearing debris burning or pile
1429	burning in an area designated as smoke sensitive by the
1430	division, that no visible flames, smoke, or emissions exist.
1431	(d)  "Land-clearing operation" means the uprooting or
1432	clearing of vegetation in connection with the construction of
1433	buildings and rights-of-way, land development, and mineral
1434	operations. The term does not include the clearing of yard
1435	trash.
1436	(e)  "Pile burning" means the burning of silvicultural,
1437	agricultural, or land-clearing and tree-cutting debris
1438	originating onsite, which is stacked together in a round or
1439	linear fashion, including, but not limited to, a windrow.
1440	(f)(a)  "Prescribed burning" means the controlled
1441	application of fire in accordance with a written prescription
1442	for vegetative fuels under specified environmental conditions
1443	while following appropriate precautionary measures that ensure
1444	that the fire is confined to a predetermined area to accomplish
1445	the planned fire or land-management objectives.
1446	(g)(c)  "Prescription" means a written plan establishing
1447	the criteria necessary for starting, controlling, and
1448	extinguishing a prescribed burn.
1449	(h)  "Yard trash" means vegetative matter resulting from
1450	landscaping and yard maintenance operations and other such
1451	routine property cleanup activities. The term includes materials
1452	such as leaves, shrub trimmings, grass clippings, brush, and
1453	palm fronds.
1454	(3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
1455	PURPOSE.--
1456	(b)  Certified prescribed burning pertains only to
1457	broadcast burning for purposes of silviculture, wildlife
1458	management, ecological maintenance and restoration, and range
1459	and pasture management. It must be conducted in accordance with
1460	this subsection and:
1461	1.  May be accomplished only when a certified prescribed
1462	burn manager is present on site with a copy of the prescription
1463	from ignition of the burn to its completion.
1464	2.  Requires that a written prescription be prepared before
1465	receiving authorization to burn from the division.
1466	3.  Requires that the specific consent of the landowner or
1467	his or her designee be obtained before requesting an
1468	authorization.
1469	4.  Requires that an authorization to burn be obtained from
1470	the division before igniting the burn.
1471	5.  Requires that there be adequate firebreaks at the burn
1472	site and sufficient personnel and firefighting equipment for the
1473	control of the fire.
1474	6.  Is considered to be in the public interest and does not
1475	constitute a public or private nuisance when conducted under
1476	applicable state air pollution statutes and rules.
1477	7.  Is considered to be a property right of the property
1478	owner if vegetative fuels are burned as required in this
1479	subsection.
1480	(4)  CERTIFIED PILE BURNING; LEGISLATIVE FINDINGS AND
1481	PURPOSE.--
1482	(a)  Pile burning is a tool that benefits current and
1483	future generations in Florida by disposing of naturally
1484	occurring vegetative debris through burning rather than
1485	disposing of the debris in landfills.
1486	(b)  Certified pile burning pertains to the disposal of
1487	piled, naturally occurring debris from an agricultural,
1488	silvicultural, or temporary land-clearing operation. A land-
1489	clearing operation is temporary if it operates for 6 months or
1490	less. Certified pile burning must be conducted in accordance
1491	with this subsection, and:
1492	1.  A certified pile burner must ensure, before ignition,
1493	that the piles are properly placed and that the content of the
1494	piles is conducive to efficient burning.
1495	2.  A certified pile burner must ensure that the piles are
1496	properly extinguished no later than 1 hour after sunset. If the
1497	burn is conducted in an area designated by the division as smoke
1498	sensitive, a certified pile burner must ensure that the piles
1499	are properly extinguished at least 1 hour before sunset.
1500	3.  A written pile burn plan must be prepared before
1501	receiving authorization from the division to burn.
1502	4.  The specific consent of the landowner or his or her
1503	agent must be obtained before requesting authorization to burn.
1504	5.  An authorization to burn must be obtained from the
1505	division or its designated agent before igniting the burn.
1506	6.  There must be adequate firebreaks and sufficient
1507	personnel and firefighting equipment at the burn site to control
1508	the fire.
1509	(c)  If a burn is conducted in accordance with this
1510	subsection, the property owner and his or her agent are not
1511	liable under s. 590.13 for damage or injury caused by the fire
1512	or resulting smoke, and are not in violation of subsection (2),
1513	unless gross negligence is proven.
1514	(d)  A certified pile burner who violates this section
1515	commits a misdemeanor of the second degree, punishable as
1516	provided in s. 775.082 or s. 775.083.
1517	(e)  The division shall adopt rules regulating certified
1518	pile burning. The rules shall include procedures and criteria
1519	for certifying and decertifying certified pile burn managers
1520	based on past experience, training, and record of compliance
1521	with this section.
1522	(5)(4)  WILDFIRE HAZARD REDUCTION TREATMENT BY THE
1523	DIVISION.--The division may conduct fuel reduction initiatives,
1524	including, but not limited to, burning and mechanical and
1525	chemical treatment, on any area of wild land within the state
1526	which is reasonably determined to be in danger of wildfire in
1527	accordance with the following procedures:
1528	(c)  Prepare, and send the county tax collector shall
1529	include with the annual tax statement, a notice to be sent to
1530	all landowners in each area township designated by the division
1531	as a wildfire hazard area. The notice must describe particularly
1532	the area to be treated and the tentative date or dates of the
1533	treatment and must list the reasons for and the expected
1534	benefits from the wildfire hazard reduction.
1535	(7)  DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING
1536	AUTHORIZATION PROGRAMS.--
1537	(a)  A county or municipality may exercise the division's
1538	authority, if delegated by the division under this subsection,
1539	to issue authorizations for the burning of yard trash or debris
1540	from land-clearing operations. A county's or municipality's
1541	existing or proposed open burning authorization program must:
1542	1.  Be approved by the division. The division shall not
1543	approve a program if it fails to meet the requirements of
1544	subsections (2) and (4) and any rules adopted under those
1545	subsections.
1546	2.  Provide by ordinance or local law the requirements for
1547	obtaining and performing a burn authorization that comply with
1548	subsections (2) and (4) and any rules adopted under those
1549	subsections.
1550	3.  Provide for the enforcement of the program's
1551	requirements.
1552	4.  Provide financial, personnel, and other resources
1553	needed to carry out the program.
1554	(b)  If the division determines that a county's or
1555	municipality's open burning authorization program does not
1556	comply with subsections (2) and (4) and any rules adopted under
1557	those subsections, the division shall require the county or
1558	municipality to take necessary corrective actions within a
1559	reasonable period, not to exceed 90 days.
1560	1.  If the county or municipality fails to take the
1561	necessary corrective actions within the required period, the
1562	division shall resume administration of the open burning
1563	authorization program in the county or municipality and the
1564	county or municipality shall cease administration of its
1565	program.
1566	2.  Each county and municipality administering an open
1567	burning authorization program must cooperate with and assist the
1568	division in carrying out the division's powers, duties, and
1569	functions.
1570	3.  A person who violates the requirements of a county's or
1571	municipality's open burning authorization program, as provided
1572	by ordinance or local law enacted pursuant to this section,
1573	commits a violation of this chapter, punishable as provided in
1574	s. 590.14.
1575	Section 53.  Subsection (4) of section 590.14, Florida
1576	Statutes, is renumbered as subsection (7), subsections (1) and
1577	(3) are amended, and new subsections (4), (5), and (6) are added
1578	to that section, to read:
1579	590.14  Notice of violation; penalties.--
1580	(1)  If a division employee determines that a person has
1581	violated chapter 589, or this chapter, or any rule adopted by
1582	the division to administer provisions of law conferring duties
1583	upon the division, the division employee he or she may issue a
1584	notice of violation indicating the statute violated. This notice
1585	will be filed with the division and a copy forwarded to the
1586	appropriate law enforcement entity for further action if
1587	necessary.
1588	(3)  The department may also impose an administrative fine,
1589	not to exceed $1,000 per violation of any section of chapter 589
1590	or this chapter or violation of any rule adopted by the division
1591	to administer provisions of law conferring duties upon the
1592	division. The fine shall be based upon the degree of damage, the
1593	prior violation record of the person, and whether the person
1594	knowingly provided false information to obtain an authorization.
1595	The fines shall be deposited in the Incidental Trust Fund of the
1596	division.
1597	(4)  A person may not:
1598	(a)  Fail to comply with any rule or order adopted by the
1599	division to administer provisions of law conferring duties upon
1600	the division; or
1601	(b)  Knowingly make any false statement or representation
1602	in any application, record, plan, or other document required by
1603	this chapter or any rules adopted under this chapter.
1604	(5)  A person who violates paragraph (4)(a) or paragraph
1605	(4)(b) commits a misdemeanor of the second degree, punishable as
1606	provided in s. 775.082 or s. 775.083.
1607	(6)  It is the intent of the Legislature that a penalty
1608	imposed by a court under subsection (5) be of a severity that
1609	ensures immediate and continued compliance with this section.
1610	Section 54.  Paragraph (a) of subsection (1) of section
1611	599.004, Florida Statutes, is amended to read:
1612	599.004  Florida Farm Winery Program; registration; logo;
1613	fees.--
1614	(1)  The Florida Farm Winery Program is established within
1615	the Department of Agriculture and Consumer Services. Under this
1616	program, a winery may qualify as a tourist attraction only if it
1617	is registered with and certified by the department as a Florida
1618	Farm Winery. A winery may not claim to be certified unless it
1619	has received written approval from the department.
1620	(a)  To qualify as a certified Florida Farm Winery, a
1621	winery shall meet the following standards:
1622	1.  Produce or sell less than 250,000 gallons of wine
1623	annually.
1624	2.  Maintain a minimum of 10 acres of owned or managed land
1625	vineyards in Florida which produces commodities used in the
1626	production of wine.
1627	3.  Be open to the public for tours, tastings, and sales at
1628	least 30 hours each week.
1629	4.  Make annual application to the department for
1630	recognition as a Florida Farm Winery, on forms provided by the
1631	department.
1632	5.  Pay an annual application and registration fee of $100.
1633	Section 55.  Subsection (11) is added to section 604.15,
1634	Florida Statutes, to read:
1635	604.15  Dealers in agricultural products; definitions.--For
1636	the purpose of ss. 604.15-604.34, the following words and terms,
1637	when used, shall be construed to mean:
1638	(11)  "Responsible position" means a position within the
1639	business of a dealer in agricultural products that has the
1640	authority to negotiate or make the purchase of agricultural
1641	products on behalf of the dealer's business or has principal
1642	active management authority over the business decisions,
1643	actions, and activities of the dealer's business in this state.
1644	Section 56.  Section 604.19, Florida Statutes, is amended
1645	to read:
1646	604.19  License; fee; bond; certificate of deposit;
1647	penalty.--Unless the department refuses the application on one
1648	or more of the grounds provided in this section, it shall issue
1649	to an applicant, upon the payment of required fees and the
1650	execution and delivery of a bond or certificate of deposit as
1651	provided in this section, a state license entitling the
1652	applicant to conduct business as a dealer in agricultural
1653	products for a 1-year period to coincide with the effective
1654	period of the bond or certificate of deposit furnished by the
1655	applicant. During the 1-year period covered by a license, if the
1656	supporting surety bond or certificate of deposit is canceled for
1657	any reason, the license shall automatically expire on the date
1658	the surety bond or certificate of deposit terminates, unless an
1659	acceptable replacement is in effect before the date of
1660	termination so that continual coverage occurs for the remaining
1661	period of the license. A surety company shall give the
1662	department a 30-day written notice of cancellation by certified
1663	mail in order to cancel a bond. Cancellation of a bond or
1664	certificate of deposit does shall not relieve a surety company
1665	or financial institution of liability for purchases or sales
1666	occurring while the bond or certificate of deposit was in
1667	effect. The license fee, which must be paid for the principal
1668	place of business for a dealer in agricultural products, shall
1669	be based upon the amount of the dealer's surety bond or
1670	certificate of deposit furnished by each dealer under the
1671	provisions of s. 604.20 and may not exceed $500. For each
1672	additional place in which the applicant desires to conduct
1673	business and which the applicant names in the application, the
1674	additional license fee must be paid but may not exceed $100
1675	annually. If a Should any dealer in agricultural products fails,
1676	refuses, or neglects fail, refuse, or neglect to apply and
1677	qualify for the renewal of a license on or before its the date
1678	of expiration date thereof, a penalty not to exceed $100 shall
1679	apply to and be added to the original license fee for the
1680	principal place of business and to the license fee for each
1681	additional place of business named in the application and shall
1682	be paid by the applicant before the renewal license may be
1683	issued. The department by rule shall prescribe fee amounts
1684	sufficient to fund ss. 604.15-604.34.
1685	Section 57.  Subsections (1) and (4) of section 604.20,
1686	Florida Statutes, are amended to read:
1687	604.20  Bond or certificate of deposit prerequisite;
1688	amount; form.--
1689	(1)  Before any license is issued, the applicant therefor
1690	shall make and deliver to the department a surety bond or
1691	certificate of deposit in the amount of at least $5,000 or in
1692	such greater amount as the department may determine. No bond or
1693	certificate of deposit may be in an amount less than $5,000. The
1694	penal sum of the bond or certificate of deposit to be furnished
1695	to the department by an applicant for license as a dealer in
1696	agricultural products shall be in an amount equal to twice the
1697	average of the monthly dollar amounts amount of agricultural
1698	products handled for a Florida producer or a producer's agent or
1699	representative, by purchase or otherwise, during the month of
1700	maximum transaction in such products during the preceding 12-
1701	month period. Only those months in which the applicant handled,
1702	by purchase or otherwise, amounts equal to or greater than
1703	$1,000 shall be used to calculate the penal sum of the required
1704	bond or certificate of deposit. An applicant for license who has
1705	not handled agricultural products for a Florida producer or a
1706	producer's agent or representative, by purchase or otherwise,
1707	during the preceding 12-month period shall furnish a bond or
1708	certificate of deposit in an amount equal to twice the estimated
1709	average of the monthly dollar amounts amount of such
1710	agricultural products to be handled, by purchase or otherwise,
1711	during the month of maximum transaction during the next
1712	immediate 12 months. Only those months in which the applicant
1713	anticipates handling, by purchase or otherwise, amounts equal to
1714	or greater than $1,000 shall be used to calculate the penal sum
1715	of the required bond or certificate of deposit. Such bond or
1716	certificate of deposit shall be provided or assigned in the
1717	exact name in which the dealer will conduct business subject to
1718	the provisions of ss. 604.15-604.34. Such bond must be executed
1719	by a surety company authorized to transact business in the
1720	state. For the purposes of ss. 604.19-604.21, the term
1721	"certificate of deposit" means a certificate of deposit at any
1722	recognized financial institution doing business in the United
1723	States. No certificate of deposit may be accepted in connection
1724	with an application for a dealer's license unless the issuing
1725	institution is properly insured by either the Federal Deposit
1726	Insurance Corporation or the Federal Savings and Loan Insurance
1727	Corporation. Such bond or any certificate of deposit assignment
1728	or agreement shall be upon a form prescribed or approved by the
1729	department and shall be conditioned to secure the faithful
1730	accounting for and payment, in the manner prescribed by s.
1731	604.21(9), to producers or their agents or representatives of
1732	the proceeds of all agricultural products handled or purchased
1733	by such dealer, and to secure payment to dealers who sell
1734	agricultural products to such dealer, and to pay any claims or
1735	costs ordered under s. 604.21 as the result of a complaint. Such
1736	bond or certificate of deposit assignment or agreement shall
1737	include terms binding the instrument to the Commissioner of
1738	Agriculture. A certificate of deposit shall be presented with an
1739	assignment of applicant's rights in the certificate in favor of
1740	the Commissioner of Agriculture on a form prescribed by the
1741	department and with a letter from the issuing institution
1742	acknowledging that the assignment has been properly recorded on
1743	the books of the issuing institution and will be honored by the
1744	issuing institution. Such assignment shall be irrevocable while
1745	the dealer's license is in effect and for an additional period
1746	of 6 months after the termination or expiration of the dealer's
1747	license, provided no complaint is pending against the licensee.
1748	If a complaint is pending, the assignment shall remain in effect
1749	until all actions on the complaint have been finalized. The
1750	certificate of deposit may be released by the assignee of the
1751	financial institution to the licensee or the licensee's
1752	successors, assignee, or heirs if no claims are pending against
1753	the licensee before the department at the conclusion of 6 months
1754	after the last effective date of the license. No certificate of
1755	deposit shall be accepted that contains any provision that would
1756	give the issuing institution any prior rights or claim on the
1757	proceeds or principal of such certificate of deposit. The
1758	department shall determine by rule the maximum amount of bond or
1759	certificate of deposit required of a dealer and whether an
1760	annual bond or certificate of deposit will be required.
1761	(4)  The department may issue a conditional license to an
1762	applicant who is unable to provide a single bond or certificate
1763	of deposit in the full amount required by the calculation in
1764	subsection (1). The conditional license shall remain in effect
1765	for a 1-year period to coincide with the effective period of the
1766	bond or certificate of deposit furnished by the applicant. The
1767	applicant must provide at least the minimum $5,000 bond or
1768	certificate of deposit as provided in subsection (1) together
1769	with documentation from each of three separate bonding companies
1770	denying the applicants request for a surety bond in the full
1771	amount required in subsection (1) and one of the following:
1772	(a)  A notarized affidavit limiting the handling of
1773	agricultural products, by purchase or otherwise, during their
1774	largest month to a minimum of one-half the amount of the bond or
1775	certificate of deposit provided by the applicant;
1776	(b)  A notarized affidavit stating that any subject
1777	agricultural products, handled by purchase or otherwise,
1778	exceeding one-half of the amount of the bond or certificate of
1779	deposit will be handled under the exemption provisions set forth
1780	in s. 604.16(2); or
1781	(c)  A second bond or certificate of deposit in such an
1782	amount that, when the penal sum of the second bond or
1783	certificate of deposit is added to the penal sum of the first
1784	bond or certificate of deposit, the combined penal sum will
1785	equal twice the dollar amount of agricultural products handled
1786	for a Florida producer or a producer's agent or representative,
1787	by purchase or otherwise, during the month of maximum
1788	transaction in such products during the preceding 12-month
1789	period.
1790
1791	The department or its agents may require from any licensee who
1792	is issued a conditional license verified statements of the
1793	volume of the licensee's business or may review the licensee's
1794	records at the licensee's place of business during normal
1795	business hours to determine the licensee's adherence to the
1796	conditions of the license. The failure of a licensee to furnish
1797	such statement or to make such records available shall be cause
1798	for suspension of the licensee's conditional license. If the
1799	department finds such failure to be willful, the conditional
1800	license may be revoked.
1801	Section 58.  Section 604.25, Florida Statutes, is amended
1802	to read:
1803	604.25  Denial of, refusal to renew grant, or suspension or
1804	revocation of, license.--
1805	(1)  The department may deny, refuse to renew, decline to
1806	grant a license or may suspend or revoke a license already
1807	granted if the applicant or licensee has:
1808	(1)(a)  Suffered a monetary judgment entered against the
1809	applicant or licensee upon which is execution has been returned
1810	unsatisfied;
1811	(2)(b)  Made false charges for handling or services
1812	rendered;
1813	(3)(c)  Failed to account promptly and properly or to make
1814	settlements with any producer;
1815	(4)(d)  Made any false statement or statements as to
1816	condition, quality, or quantity of goods received or held for
1817	sale when the true condition, quality, or quantity could have
1818	been ascertained by reasonable inspection;
1819	(5)(e)  Made any false or misleading statement or
1820	statements as to market conditions or service rendered;
1821	(6)(f)  Been guilty of a fraud in the attempt to procure,
1822	or the procurement of, a license;
1823	(7)(g)  Directly or indirectly sold agricultural products
1824	received on consignment or on a net return basis for her or his
1825	own account, without prior authority from the producer
1826	consigning the same, or without notifying such producer;
1827	(8)(h)  Failed to prevent a person from holding a position
1828	as the applicant's or licensee's owner, officer, director,
1829	general or managing partner, or employee Employed in a
1830	responsible position a person, or holding any other similarly
1831	situated position, if the person holds or has held a similar
1832	position with any entity that an officer of a corporation, who
1833	has failed to fully comply with an order of the department, has
1834	not satisfied a civil judgment held by the department, has
1835	pending any administrative or civil enforcement action by the
1836	department, or has pending any criminal charges pursuant to s.
1837	604.30 at any time within 1 year after issuance;
1838	(9)(i)  Violated any statute or rule relating to the
1839	purchase or sale of any agricultural product, whether or not
1840	such transaction is subject to the provisions of this chapter;
1841	or
1842	(10)(j)  Failed to submit to the department an application,
1843	appropriate license fees, and an acceptable surety bond or
1844	certificate of deposit; or.
1845	(11)(2)  Failed If a licensee fails or refused refuses to
1846	comply in full with an order of the department or failed to
1847	satisfy a civil judgment owed to the department, her or his
1848	license may be suspended or revoked, in which case she or he
1849	shall not be eligible for license for a period of 1 year or
1850	until she or he has fully complied with the order of the
1851	department.
1852	(3)  No person, or officer of a corporation, whose license
1853	has been suspended or revoked for failure to comply with an
1854	order of the department may hold a responsible position with a
1855	licensee for a period of 1 year or until the order of the
1856	department has been fully complied with.
1857	Section 59.  Subsections (18) and (19) of section 616.242,
1858	Florida Statutes, are renumbered as subsections (19) and (20),
1859	respectively, and a new subsection (18) is added to that section
1860	to read:
1861	616.242  Safety standards for amusement rides.--
1862	(18)  STOP-OPERATION ORDERS.--If an owner or amusement ride
1863	fails to comply with this chapter or any rule adopted under this
1864	chapter, the department may issue a stop-operation order.
1865	Section 60.  Subsection (4) of section 686.201, Florida
1866	Statutes, is amended to read:
1867	686.201  Sales representative contracts involving
1868	commissions; requirements; termination of agreement; civil
1869	remedies.--
1870	(4)  This section does not apply to persons licensed
1871	pursuant to chapter 475 who are performing services within the
1872	scope of their license or to contracts to which a seller of
1873	travel as defined in s. 559.927 is a party.
1874	Section 61.  Paragraph (c) of subsection (5) of section
1875	790.06, Florida Statutes, is amended to read:
1876	790.06  License to carry concealed weapon or firearm.--
1877	(5)  The applicant shall submit to the Department of
1878	Agriculture and Consumer Services:
1879	(c)  A full set of fingerprints of the applicant
1880	administered by a law enforcement agency or the Division of
1881	Licensing of the Department of Agriculture and Consumer
1882	Services.
1883	Section 62.  Sections 570.071 and 570.901, Florida
1884	Statutes, are repealed.
1885
1886	-----------------------------------------------------
1887	T I T L E  A M E N D M E N T
1888	Remove line 2 and insert:
1889	An act relating to the Department of Agriculture and
1890	Consumer Services; amending s. 482.021, F.S.; revising
1891	terminology to modify requirements for supervision
1892	provided by certified operators in charge of pest control
1893	businesses; amending s. 482.051, F.S.; requiring pest
1894	control licensees to perform inspections before issuing
1895	certain contracts; amending s. 482.071, F.S.; increasing
1896	the financial responsibility requirements for pest control
1897	licensees; amending s. 482.152, F.S.; revising duties and
1898	supervisory requirements of certified operators in charge
1899	of pest control businesses; creating s. 482.157, F.S.;
1900	providing for pest control certification of commercial
1901	wildlife management personnel; providing application
1902	procedures and requirements; requiring a certification
1903	examination; establishing certification fees; amending s.
1904	482.226, F.S.; increasing the financial responsibility
1905	requirements for certain pest control licensees; amending
1906	s. 493.6102, F.S.; specifying that provisions regulating
1907	security officers do not apply to certain officers
1908	performing off-duty activities; amending s. 493.6105,
1909	F.S.; revising application requirements and procedures for
1910	private investigator, security officer, or recovery agent
1911	licenses; specifying application requirements for firearms
1912	instructor license; amending s. 493.6106, F.S.; revising
1913	citizenship requirements and documentation for private
1914	investigator, security officer, and recovery agent
1915	licenses; prohibiting the licensure of applicants for a
1916	statewide firearm license or firearms instructor license
1917	who are prohibited from purchasing or possessing firearms;
1918	requiring notice of changes to branch office locations for
1919	private investigative, security, or recovery agencies;
1920	amending s. 493.6107, F.S.; requiring the department to
1921	accept certain methods of payment for certain fees;
1922	amending s. 493.6108, F.S.; revising requirements for
1923	criminal history checks of license applicants whose
1924	fingerprints are not legible; requiring investigation of
1925	the mental and emotional fitness of applicants for
1926	firearms instructor licenses; amending s. 493.6111, F.S.;
1927	requiring a security officer school or recovery agent
1928	school to obtain the department's approval for use of a
1929	fictitious name; amending s. 493.6113, F.S.; revising
1930	application renewal procedures and requirements; amending
1931	s. 493.6115, F.S.; conforming cross-references; amending
1932	s. 493.6118, F.S.; authorizing disciplinary action against
1933	statewide firearm licensees and firearms instructor
1934	licensees who are prohibited from purchasing or possessing
1935	firearms; amending s. 493.6121, F.S.; deleting provisions
1936	for the department's access to certain criminal history
1937	records provided to licensed gun dealers, manufactures,
1938	and exporters; amending s. 493.6202, F.S.; requiring the
1939	department to accept certain methods of payment for
1940	certain fees; amending s. 493.6203, F.S.; prohibiting
1941	bodyguard services from being credited toward certain
1942	license requirements; revising training requirements for
1943	private investigator intern license applicants; amending
1944	s. 493.6302, F.S.; requiring the department to accept
1945	certain methods of payment for certain fees; amending s.
1946	493.6303, F.S.; revising the training requirements for
1947	security officer license applicants; amending s. 493.6304,
1948	F.S.; revising application requirements and procedures for
1949	security officer school licenses; amending s. 493.6401,
1950	F.S.; revising terminology for recovery agent schools and
1951	training facilities; amending s. 493.6402, F.S.; revising
1952	terminology for recovery agent schools and training
1953	facilities; requiring the department to accept certain
1954	methods of payment for certain fees; amending s. 493.6406,
1955	F.S.; requiring recovery agent school and instructor
1956	licenses; providing license application requirements and
1957	procedures; amending ss. 501.605 and 501.607, F.S.;
1958	revising application requirements for commercial telephone
1959	seller and salesperson licenses; amending s. 501.913,
1960	F.S.; specifying the sample size required for antifreeze
1961	registration application; amending s. 525.01, F.S.;
1962	revising requirements for petroleum fuel affidavits;
1963	amending s. 525.09, F.S.; imposing an inspection fee on
1964	certain alternative fuels containing alcohol; amending s.
1965	526.50, F.S.; defining terms applicable to regulation of
1966	the sale of brake fluid; amending s. 526.51, F.S.;
1967	revising brake fluid permit application requirements;
1968	deleting permit renewal requirements; providing for
1969	reregistration of brake fluid and establishing fees;
1970	amending s. 526.52, F.S.; revising requirements for
1971	printed statements on brake fluid containers; amending s.
1972	526.53, F.S.; revising requirements and procedures for
1973	brake fluid stop-sale orders; authorizing businesses to
1974	dispose of unregistered brake fluid under certain
1975	circumstances; amending s. 527.02, F.S.; increasing fees
1976	for liquefied petroleum gas licenses; revising fees for
1977	pipeline system operators; amending s. 527.0201, F.S.;
1978	revising requirements for liquefied petroleum gas
1979	qualifying examinations; increasing examination fees;
1980	increasing continuing education requirements for certain
1981	liquefied petroleum gas qualifiers; amending s. 527.021,
1982	F.S.; requiring the annual inspection of liquefied
1983	petroleum gas transport vehicles; increasing the
1984	inspection fee; amending s. 527.12, F.S.; providing for
1985	the issuance of certain stop orders; amending ss. 559.805
1986	and 559.928, F.S.; deleting requirements that lists of
1987	independent agents of sellers of business opportunities
1988	and the agents' registration affidavits include the
1989	agents' social security numbers; amending s. 570.0725,
1990	F.S.; revising provisions for public information about
1991	food banks and similar food recovery programs; authorizing
1992	the department to adopt rules; amending ss. 570.53 and
1993	570.54, F.S.; conforming cross-references; amending s.
1994	570.55, F.S.; revising requirements for identifying
1995	sellers or handlers of tropical or subtropical fruit or
1996	vegetables; amending s. 570.902, F.S.; conforming
1997	terminology to the repeal by the act of provisions
1998	establishing the Florida Agricultural Museum; amending s.
1999	570.903, F.S.; revising provisions for direct-support
2000	organizations for certain agricultural programs to conform
2001	to the repeal by the act of provisions establishing the
2002	Florida Agricultural Museum; deleting provisions for a
2003	direct-support organization for the Florida State
2004	Collection of Arthropods; amending s. 573.118, F.S.;
2005	requiring the department to maintain records of marketing
2006	orders; requiring an audit at the request of an advisory
2007	council; requiring that the advisory council receive a
2008	copy of the audit within a specified time; amending s.
2009	581.011, F.S.; deleting terminology relating to the
2010	Florida State Collection of Arthropods; revising the term
2011	"nursery" for purposes of plant industry regulations;
2012	amending s. 581.031, F.S.; increasing citrus source tree
2013	registration fees; amending s. 581.131, F.S.; increasing
2014	registration fees for a nurseryman, stock dealer, agent,
2015	or plant broker certificate; amending s. 581.211, F.S.;
2016	increasing the maximum fine for violations of plant
2017	industry regulations; amending s. 583.13, F.S.; deleting a
2018	prohibition on the sale of poultry without displaying the
2019	poultry grade; amending s. 590.125, F.S.; revising
2020	terminology for open burning authorizations; specifying
2021	purposes of certified prescribed burning; requiring the
2022	authorization of the Division of Forestry for certified
2023	pile burning; providing pile burning requirements;
2024	limiting the liability of property owners or agents
2025	engaged in pile burning; providing for the certification
2026	of pile burners; providing penalties for violations by
2027	certified pile burners; requiring rules; revising notice
2028	requirements for wildfire hazard reduction treatments;
2029	providing for approval of local government open burning
2030	authorization programs; providing program requirements;
2031	authorizing the division to close local government
2032	programs under certain circumstances; providing penalties
2033	for violations of local government open burning
2034	requirements; amending s. 590.14, F.S.; authorizing fines
2035	for violations of any division rule; providing penalties
2036	for certain violations; providing legislative intent;
2037	amending s. 599.004, F.S.; revising standards that a
2038	winery must meet to qualify as a certified Florida Farm
2039	Winery; amending s. 604.15, F.S.; defining the term
2040	"responsible position" for purposes of provisions
2041	regulating dealers in agricultural products; amending s.
2042	604.19, F.S.; revising requirements for late fees on
2043	agricultural products dealer applications; amending s.
2044	604.20, F.S.; revising the minimum amount of the surety
2045	bond or certificate of deposit required for agricultural
2046	products dealer licenses; providing conditions for the
2047	payment of bond or certificate of deposit proceeds;
2048	requiring additional documentation for issuance of a
2049	conditional license; amending s. 604.25, F.S.; revising
2050	conditions under which the department may deny, refuse to
2051	renew, suspend, or revoke agricultural products dealer
2052	licenses; deleting a provision prohibiting certain persons
2053	from holding a responsible position with a licensee;
2054	amending s. 616.242, F.S.; amending s. 686.201, F.S.;
2055	exempting contracts involving a seller of travel from the
2056	requirements of that section; authorizing the issuance of
2057	stop-operation orders for amusement rides under certain
2058	circumstances; amending s. 790.06, F.S.; authorizing a
2059	concealed firearm license applicant to submit fingerprints
2060	administered by the Division of Licensing; repealing ss.
2061	570.071 and 570.901, F.S., relating to the Florida
2062	Agricultural Exposition and the Florida Agricultural
2063	Museum; amending s. 205.064, F.S.;

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