((LATE FILED FOR: APRIL 27 THIRD READING ))	Amendment
Bill No. CS/CS/HB 1241

Amendment No. 518253

CHAMBER ACTION
Senate		House
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1	Representative Nelson offered the following:
2
3	Amendment (with title amendment)
4	Between lines 70 and 71, insert:
5	Section 1.  Subsections (5) and (7) of section 482.021,
6	Florida Statutes, are amended to read:
7	482.021  Definitions.--For the purposes of this chapter,
8	and unless otherwise required by the context, the term:
9	(5)  "Certified operator in charge" means a certified
10	operator:
11	(a)  Whose primary occupation is the pest control business;
12	(b)  Who is employed full time by a licensee; and
13	(c)  Whose principal duty is the personal supervision of
14	the licensee's operation in a category or categories of pest
15	control in which the operator is certified.
16	(7)  "Employee" means a person who is employed by a
17	licensee that provides that person with necessary training,
18	supervision, pesticides, equipment, and insurance and who
19	receives compensation from and is under the personal supervision
20	and direct control of the licensee's certified operator in
21	charge and from whose compensation the licensee regularly
22	deducts and matches federal insurance contributions and federal
23	income and Social Security taxes.
24	Section 2.  Subsection (3) of section 482.051, Florida
25	Statutes, is amended to read:
26	482.051  Rules.--The department has authority to adopt
27	rules pursuant to ss. 120.536(1) and 120.54 to implement the
28	provisions of this chapter. Prior to proposing the adoption of a
29	rule, the department shall counsel with members of the pest
30	control industry concerning the proposed rule. The department
31	shall adopt rules for the protection of the health, safety, and
32	welfare of pest control employees and the general public which
33	require:
34	(3)  That written contracts be required for providing
35	termites and other wood-destroying organisms pest control, that
36	provisions necessary to assure consumer protection as specified
37	by the department be included in such contracts, that licensees
38	perform an inspection before issuing a contract on an existing
39	structure, and that require licensees to comply with the
40	contracts issued.
41	Section 3.  Subsection (4) of section 482.071, Florida
42	Statutes, is amended to read:
43	482.071  Licenses.--
44	(4)  A licensee may not operate a pest control business
45	without carrying the required insurance coverage. Each person
46	making application for a pest control business license or
47	renewal thereof must furnish to the department a certificate of
48	insurance that meets the requirements for minimum financial
49	responsibility for bodily injury and property damage consisting
50	of:
51	(a)  Bodily injury: $250,000 $100,000 each person and
52	$500,000 $300,000 each occurrence; and property damage: $250,000
53	$50,000 each occurrence and $500,000 $100,000 in the aggregate;
54	or
55	(b)  Combined single-limit coverage: $500,000 $400,000 in
56	the aggregate.
57	Section 4.  Section 482.072, Florida Statutes, is created
58	to read:
59	482.072  Pest control service centers.--
60	(1)  The department may issue a license to a qualified
61	business to operate a pest control service center, to solicit
62	pest control business, or to provide services to customers for
63	one or more business locations licensed under s. 482.071. A
64	person may not operate a centralized service center for a pest
65	control business that is not licensed by the department.
66	(2)(a)  Before operating a pest control service center, and
67	biennially thereafter, on or before an anniversary date set by
68	the department for the licensed pest control service center
69	location, the pest control business must apply to the department
70	for a license under this chapter, or a renewal thereof, for each
71	pest control service center location. An application must be
72	submitted in the format prescribed by the department.
73	(b)  The department shall establish a fee for the issuance
74	of a pest control service center license of at least $500, but
75	not more than $1,000, and a fee for the renewal of a license of
76	at least $500, but not more than $1,000; however, until rules
77	setting the fees are adopted by the department, the initial
78	license and renewal fees are each set at $500. The department
79	shall establish a grace period, not to exceed 30 calendar days
80	after a license's anniversary renewal date. The department shall
81	assess a late renewal fee of $150, in addition to the renewal
82	fee, to a business that renews its license after the grace
83	period.
84	(c)  A license automatically expires 60 calendar days after
85	the anniversary renewal date unless the license is renewed
86	before that date. Once a license expires, it may be reinstated
87	only upon reapplication and payment of the license fee and late
88	renewal fee.
89	(d)  A license automatically expires when a licensee
90	changes its pest control service center business location
91	address. The department shall issue a new license upon payment
92	of a $250 fee. The new license automatically expires 60 calendar
93	days after the anniversary renewal date of the former license
94	unless the license is renewed before that date.
95	(e)  The department may not issue or renew a license to
96	operate a centralized pest control service center unless the
97	pest control business licensees for whom the centralized service
98	center solicits business have one or more common owners.
99	(f)  The department may deny the issuance of a pest control
100	service center license, or refuse to renew a license, if the
101	department finds that the applicant or licensee, or any of its
102	directors, officers, owners, or general partners, are or were
103	directors, officers, owners, or general partners of a pest
104	control business described in s. 482.071(2)(g) or violated a
105	rule adopted under s. 482.071(2)(f).
106	(g)  Section 482.091 does not apply to a person who
107	solicits pest control services or provides customer service in a
108	licensed pest control service center unless the person performs
109	the pest control work described in s. 482.021(21)(a)-(d),
110	executes a pest control contract, or accepts remuneration for
111	such work.
112	(3)(a)  The department shall adopt rules establishing
113	requirements and procedures for recordkeeping and monitoring of
114	pest control service center operations to ensure compliance with
115	this chapter and rules adopted under this chapter.
116	(b)  Notwithstanding s. 482.163, whether an employee acts
117	outside of the course and scope of his or her employment or
118	whether the employee disobeys employer policies:
119	1.  A pest control service center licensee may be subject
120	to disciplinary action under s. 482.161 for a violation of this
121	chapter or a rule adopted under this chapter committed by an
122	employee of the service center.
123	2.  A pest control business licensee may be subject to
124	disciplinary action under s. 482.161 for a violation committed
125	by an employee of the service center if the business licensee
126	benefits from the violation.
127	Section 5.  Section 482.152, Florida Statutes, is amended
128	to read:
129	482.152  Duties of certified operator in charge of pest
130	control activities of licensee.--A certified operator in charge
131	of the pest control activities of a licensee shall have her or
132	his primary occupation with the licensee and shall be a full-
133	time employee of the licensee. The, and her or his principal
134	duties of the certified operator in charge duty shall include:
135	(1)  The Responsibility for the personal supervision of,
136	and participation in, the pest control activities of at the
137	business location of the licensee. This chapter does not prevent
138	a certified operator in charge from performing duties at other
139	business locations owned by the licensee if:
140	(a)  The certified operator in charge performs her or his
141	duties as provided in this section for the business location of
142	the licensee.
143	(b)  The certified operator in charge is a full-time
144	employee of the licensee.
145	(c)  The primary occupation of the certified operator in
146	charge is the pest control business. as the same relate to:
147	(2)(1)  The Selection of proper and correct chemicals for
148	the particular pest control work performed.
149	(3)(2)  The Safe and proper use of the pesticides used.
150	(4)(3)  The Correct concentration and formulation of
151	pesticides used in all pest control work performed.
152	(5)(4)  The Training of personnel in the proper and
153	acceptable methods of pest control.
154	(6)(5)  The Control measures and procedures used.
155	(7)(6)  The Notification of the department of any
156	accidental human poisoning or death connected with pest control
157	work performed on a job she or he is supervising, within 24
158	hours after she or he has knowledge of the poisoning or death.
159	Section 6.  Section 482.157, Florida Statutes, is created
160	to read:
161	482.157  Limited certification for commercial wildlife
162	management personnel.--
163	(1)  The department shall establish a limited certification
164	category for individual commercial wildlife management personnel
165	which authorizes the personnel to use nonchemical methods for
166	controlling pest birds or rodents, including, but not limited
167	to, the use of traps, glue boards, mechanical or electronic
168	devices, or exclusionary techniques.
169	(2)  A person seeking limited certification under this
170	section must pass an examination administered by the department.
171	An application for examination must be accompanied by an
172	examination fee set by rule of the department of at least $150
173	but not to exceed $300. The department shall provide the
174	appropriate reference materials for the examination and make the
175	examination readily available to applicants at least quarterly
176	or as often as necessary in each county. Before the department
177	issues a limited certification under this section, the person
178	applying for certification must furnish proof that he or she
179	holds a certificate of insurance stating that his or her
180	employer meets the requirements for minimum financial
181	responsibility in s. 482.071(4).
182	(3)  An application for recertification under this section
183	must be submitted biennially and must be accompanied by a
184	recertification fee set by rule of the department of at least
185	$150 but not to exceed $300. The application must also be
186	accompanied by proof that:
187	(a)  The applicant completed 4 classroom hours of
188	acceptable continuing education.
189	(b)  The applicant holds a certificate of insurance stating
190	that his or her employer meets the requirements for minimum
191	financial responsibility in s. 482.071(4).
192	(4)  The department shall establish a grace period, not to
193	exceed 30 calendar days after a biennial date established by the
194	department on which recertification is due. The department shall
195	assess a late charge of $50, in addition to the recertification
196	fee, to commercial wildlife management personnel who are
197	recertified after the grace period.
198	(5)  A limited certification automatically expires 180
199	calendar days after the biennial date on which recertification
200	is due unless the commercial wildlife personnel are recertified
201	before the certification expires. Once a certification expires,
202	certification may be issued only upon successful reexamination
203	and payment of the examination fees.
204	(6)  Certification under this section does not authorize:
205	(a)  Use of any pesticide or chemical substance, other than
206	adhesive materials, to control pest birds, rodents, or other
207	nuisance wildlife in, on, or under a structure.
208	(b)  Operation of a pest control business.
209	(c)  Supervision of a certified person.
210	Section 7.  Subsection (6) of section 482.226, Florida
211	Statutes, is amended to read:
212	482.226  Wood-destroying organism inspection report; notice
213	of inspection or treatment; financial responsibility.--
214	(6)  Any licensee that performs wood-destroying organism
215	inspections in accordance with subsection (1) must meet minimum
216	financial responsibility in the form of errors and omissions
217	(professional liability) insurance coverage or bond in an amount
218	no less than $250,000 $50,000 in the aggregate and $25,000 per
219	occurrence, or demonstrate that the licensee has equity or net
220	worth of no less than $500,000 $100,000 as determined by
221	generally accepted accounting principles substantiated by a
222	certified public accountant's review or certified audit. The
223	licensee must show proof of meeting this requirement at the time
224	of license application or renewal thereof.
225	Section 8.  Subsection (1) of section 493.6102, Florida
226	Statutes, is amended to read:
227	493.6102  Inapplicability of this chapter.--This chapter
228	shall not apply to:
229	(1)  Any individual who is an "officer" as defined in s.
230	943.10(14), or is a law enforcement officer of the United States
231	Government, while the such local, state, or federal officer is
232	engaged in her or his official duties or, if approved by the
233	officer's supervisors, when performing off-duty activities as a
234	security officer activities approved by her or his superiors.
235	Section 9.  Section 493.6105, Florida Statutes, is amended
236	to read:
237	493.6105  Initial application for license.--
238	(1)  Each individual, partner, or principal officer in a
239	corporation, shall file with the department a complete
240	application accompanied by an application fee not to exceed $60,
241	except that the applicant for a Class "D" or Class "G" license
242	shall not be required to submit an application fee. The
243	application fee shall not be refundable.
244	(a)  The application submitted by any individual, partner,
245	or corporate officer shall be approved by the department prior
246	to that individual, partner, or corporate officer assuming his
247	or her duties.
248	(b)  Individuals who invest in the ownership of a licensed
249	agency, but do not participate in, direct, or control the
250	operations of the agency shall not be required to file an
251	application.
252	(2)  Each application shall be signed and verified by the
253	individual under oath as provided in s. 92.525 and shall be
254	notarized.
255	(3)  The application shall contain the following
256	information concerning the individual signing same:
257	(a)  Name and any aliases.
258	(b)  Age and date of birth.
259	(c)  Place of birth.
260	(d)  Social security number or alien registration number,
261	whichever is applicable.
262	(e)  Present residence address and his or her residence
263	addresses within the 5 years immediately preceding the
264	submission of the application.
265	(f)  Occupations held presently and within the 5 years
266	immediately preceding the submission of the application.
267	(f)(g)  A statement of all criminal convictions, findings
268	of guilt, and pleas of guilty or nolo contendere, regardless of
269	adjudication of guilt.
270	(g)  One passport-type color photograph taken within the 6
271	months immediately preceding submission of the application.
272	(h)  A statement whether he or she has ever been
273	adjudicated incompetent under chapter 744.
274	(i)  A statement whether he or she has ever been committed
275	to a mental institution under chapter 394.
276	(j)  A full set of fingerprints on a card provided by the
277	department and a fingerprint fee to be established by rule of
278	the department based upon costs determined by state and federal
279	agency charges and department processing costs. An applicant who
280	has, within the immediately preceding 6 months, submitted a
281	fingerprint card and fee for licensing purposes under this
282	chapter shall not be required to submit another fingerprint card
283	or fee.
284	(k)  A personal inquiry waiver which allows the department
285	to conduct necessary investigations to satisfy the requirements
286	of this chapter.
287	(l)  Such further facts as may be required by the
288	department to show that the individual signing the application
289	is of good moral character and qualified by experience and
290	training to satisfy the requirements of this chapter.
291	(4)  In addition to the application requirements outlined
292	in subsection (3), the applicant for a Class "C," Class "CC,"
293	Class "E," Class "EE," or Class "G" license shall submit two
294	color photographs taken within the 6 months immediately
295	preceding the submission of the application, which meet
296	specifications prescribed by rule of the department. All other
297	applicants shall submit one photograph taken within the 6 months
298	immediately preceding the submission of the application.
299	(4)(5)  In addition to the application requirements
300	outlined under subsection (3), the applicant for a Class "C,"
301	Class "E," Class "M," Class "MA," Class "MB," or Class "MR"
302	license shall include a statement on a form provided by the
303	department of the experience which he or she believes will
304	qualify him or her for such license.
305	(5)(6)  In addition to the requirements outlined in
306	subsection (3), an applicant for a Class "G" license shall
307	satisfy minimum training criteria for firearms established by
308	rule of the department, which training criteria shall include,
309	but is not limited to, 28 hours of range and classroom training
310	taught and administered by a Class "K" licensee; however, no
311	more than 8 hours of such training shall consist of range
312	training. If the applicant can show proof that he or she is an
313	active law enforcement officer currently certified under the
314	Criminal Justice Standards and Training Commission or has
315	completed the training required for that certification within
316	the last 12 months, or if the applicant submits one of the
317	certificates specified in paragraph (6)(a) (7)(a), the
318	department may waive the foregoing firearms training
319	requirement.
320	(6)(7)  In addition to the requirements under subsection
321	(3), an applicant for a Class "K" license shall:
322	(a)  Submit one of the following certificates:
323	1.  The Florida Criminal Justice Standards and Training
324	Commission Firearms Instructor's Certificate and confirmation by
325	the commission that the applicant is authorized to provide
326	firearms instruction.
327	2.  The National Rifle Association Law Enforcement Police
328	Firearms Instructor's Certificate.
329	3.  The National Rifle Association Security Firearms
330	Instructor's Certificate.
331	3.4.  A firearms instructor's training certificate issued
332	by any branch of the United States Armed Forces, from a federal
333	law enforcement academy or agency, state, county, or municipal
334	police academy in this state recognized as such by the Criminal
335	Justice Standards and Training Commission or by the Department
336	of Education.
337	(b)  Pay the fee for and pass an examination administered
338	by the department which shall be based upon, but is not
339	necessarily limited to, a firearms instruction manual provided
340	by the department.
341	(7)(8)  In addition to the application requirements for
342	individuals, partners, or officers outlined under subsection
343	(3), the application for an agency license shall contain the
344	following information:
345	(a)  The proposed name under which the agency intends to
346	operate.
347	(b)  The street address, mailing address, and telephone
348	numbers of the principal location at which business is to be
349	conducted in this state.
350	(c)  The street address, mailing address, and telephone
351	numbers of all branch offices within this state.
352	(d)  The names and titles of all partners or, in the case
353	of a corporation, the names and titles of its principal
354	officers.
355	(8)(9)  Upon submission of a complete application, a Class
356	"CC," Class "C," Class "D," Class "EE," Class "E," Class "M,"
357	Class "MA," Class "MB," or Class "MR" applicant may commence
358	employment or appropriate duties for a licensed agency or branch
359	office. However, the Class "C" or Class "E" applicant must work
360	under the direction and control of a sponsoring licensee while
361	his or her application is being processed. If the department
362	denies application for licensure, the employment of the
363	applicant must be terminated immediately, unless he or she
364	performs only unregulated duties.
365	Section 10.  Paragraph (f) of subsection (1) and paragraph
366	(a) of subsection (2) of section 493.6106, Florida Statutes, are
367	amended, and paragraph (g) is added to subsection (1) of that
368	section, to read:
369	493.6106  License requirements; posting.--
370	(1)  Each individual licensed by the department must:
371	(f)  Be a citizen or permanent legal resident alien of the
372	United States or have appropriate been granted authorization
373	issued to seek employment in this country by the United States
374	Bureau of Citizenship and Immigration Services of the United
375	States Department of Homeland Security.
376	1.  An applicant for a Class "C," Class "CC," Class "D,"
377	Class "DI," Class "E," Class "EE," Class "M," Class "MA," Class
378	"MB," Class "MR," or Class "RI" license who is not a United
379	States citizen must submit proof of current employment
380	authorization issued by the United States Bureau of Citizenship
381	and Immigration Services or proof that she or he is deemed a
382	permanent legal resident alien by the United States Bureau of
383	Citizenship and Immigration Services.
384	2.  An applicant for a Class "G" or Class "K" license who
385	is not a United States citizen must submit proof that she or he
386	is deemed a permanent legal resident alien by the United States
387	Bureau of Citizenship and Immigration Services, together with
388	additional documentation establishing that she or he has resided
389	in the state of residence shown on the application for at least
390	90 consecutive days before the date that the application is
391	submitted.
392	3.  An applicant for an agency or school license who is not
393	a United States citizen or permanent legal resident alien must
394	submit documentation issued by the United States Bureau of
395	Citizenship and Immigration Services stating that she or he is
396	lawfully in the United States and is authorized to own and
397	operate the type of agency or school for which she or he is
398	applying. An employment authorization card issued by the United
399	States Bureau of Citizenship and Immigration Services is not
400	sufficient documentation.
401	(g)  Not be prohibited from purchasing or possessing a
402	firearm by state or federal law if the individual is applying
403	for a Class "G" license or a Class "K" license.
404	(2)  Each agency shall have a minimum of one physical
405	location within this state from which the normal business of the
406	agency is conducted, and this location shall be considered the
407	primary office for that agency in this state.
408	(a)  If an agency or branch office desires to change the
409	physical location of the business, as it appears on the agency
410	license, the department must be notified within 10 days of the
411	change, and, except upon renewal, the fee prescribed in s.
412	493.6107 must be submitted for each license requiring revision.
413	Each license requiring revision must be returned with such
414	notification.
415	Section 11.  Subsection (3) of section 493.6107, Florida
416	Statutes, is amended to read:
417	493.6107  Fees.--
418	(3)  The fees set forth in this section must be paid by
419	certified check or money order or, at the discretion of the
420	department, by agency check at the time the application is
421	approved, except that the applicant for a Class "G" or Class "M"
422	license must pay the license fee at the time the application is
423	made. If a license is revoked or denied or if the application is
424	withdrawn, the license fee shall not be refunded.
425	Section 12.  Paragraph (a) of subsection (1) and subsection
426	(3) of section 493.6108, Florida Statutes, are amended to read:
427	493.6108  Investigation of applicants by Department of
428	Agriculture and Consumer Services.--
429	(1)  Except as otherwise provided, prior to the issuance of
430	a license under this chapter, the department shall make an
431	investigation of the applicant for a license. The investigation
432	shall include:
433	(a)1.  An examination of fingerprint records and police
434	records. When a criminal history analysis of any applicant under
435	this chapter is performed by means of fingerprint card
436	identification, the time limitations prescribed by s. 120.60(1)
437	shall be tolled during the time the applicant's fingerprint card
438	is under review by the Department of Law Enforcement or the
439	United States Department of Justice, Federal Bureau of
440	Investigation.
441	2.  If a legible set of fingerprints, as determined by the
442	Department of Law Enforcement or the Federal Bureau of
443	Investigation, cannot be obtained after two attempts, the
444	Department of Agriculture and Consumer Services may determine
445	the applicant's eligibility based upon a criminal history record
446	check under the applicant's name conducted by the Department of
447	Law Enforcement if the and the Federal Bureau of Investigation.
448	A set of fingerprints are taken by a law enforcement agency or
449	the department and the applicant submits a written statement
450	signed by the fingerprint technician or a licensed physician
451	stating that there is a physical condition that precludes
452	obtaining a legible set of fingerprints or that the fingerprints
453	taken are the best that can be obtained is sufficient to meet
454	this requirement.
455	(3)  The department shall also investigate the mental
456	history and current mental and emotional fitness of any Class
457	"G" or Class "K" applicant, and may deny a Class "G" or Class
458	"K" license to anyone who has a history of mental illness or
459	drug or alcohol abuse.
460	Section 13.  Subsection (4) of section 493.6111, Florida
461	Statutes, is amended to read:
462	493.6111  License; contents; identification card.--
463	(4)  Notwithstanding the existence of a valid Florida
464	corporate registration, an no agency or school licensee may not
465	conduct activities regulated under this chapter under any
466	fictitious name without prior written authorization from the
467	department to use that name in the conduct of activities
468	regulated under this chapter. The department may not authorize
469	the use of a name which is so similar to that of a public
470	officer or agency, or of that used by another licensee, that the
471	public may be confused or misled thereby. The authorization for
472	the use of a fictitious name shall require, as a condition
473	precedent to the use of such name, the filing of a certificate
474	of engaging in business under a fictitious name under s. 865.09.
475	A No licensee may not shall be permitted to conduct business
476	under more than one fictitious name except as separately
477	licensed nor shall the license be valid to protect any licensee
478	who is engaged in the business under any name other than that
479	specified in the license. An agency desiring to change its
480	licensed name shall notify the department and, except upon
481	renewal, pay a fee not to exceed $30 for each license requiring
482	revision including those of all licensed employees except Class
483	"D" or Class "G" licensees. Upon the return of such licenses to
484	the department, revised licenses shall be provided.
485	Section 14.  Subsection (2) and paragraph (a) of subsection
486	(3) of section 493.6113, Florida Statutes, are amended to read:
487	493.6113  Renewal application for licensure.--
488	(2)  At least No less than 90 days before prior to the
489	expiration date of the license, the department shall mail a
490	written notice to the last known mailing residence address of
491	the licensee for individual licensees and to the last known
492	agency address for agencies.
493	(3)  Each licensee shall be responsible for renewing his or
494	her license on or before its expiration by filing with the
495	department an application for renewal accompanied by payment of
496	the prescribed license fee.
497	(a)  Each Class "B" Class "A," Class "B," or Class "R"
498	licensee shall additionally submit on a form prescribed by the
499	department a certification of insurance which evidences that the
500	licensee maintains coverage as required under s. 493.6110.
501	Section 15.  Subsection (8), paragraph (d) of subsection
502	(12), and subsection (16) of section 493.6115, Florida Statutes,
503	are amended to read:
504	493.6115  Weapons and firearms.--
505	(8)  A Class "G" applicant must satisfy the minimum
506	training criteria as set forth in s. 493.6105(5)(6) and as
507	established by rule of the department.
508	(12)  The department may issue a temporary Class "G"
509	license, on a case-by-case basis, if:
510	(d)  The applicant has received approval from the
511	department subsequent to its conduct of a criminal history
512	record check as authorized in s. 493.6108(1)(a)1. 493.6121(6).
513	(16)  If the criminal history record check program
514	referenced in s. 493.6108(1)(a)1. 493.6121(6) is inoperable, the
515	department may issue a temporary "G" license on a case-by-case
516	basis, provided that the applicant has met all statutory
517	requirements for the issuance of a temporary "G" license as
518	specified in subsection (12), excepting the criminal history
519	record check stipulated there; provided, that the department
520	requires that the licensed employer of the applicant conduct a
521	criminal history record check of the applicant pursuant to
522	standards set forth in rule by the department, and provide to
523	the department an affidavit containing such information and
524	statements as required by the department, including a statement
525	that the criminal history record check did not indicate the
526	existence of any criminal history that would prohibit licensure.
527	Failure to properly conduct such a check, or knowingly providing
528	incorrect or misleading information or statements in the
529	affidavit shall constitute grounds for disciplinary action
530	against the licensed agency, including revocation of license.
531	Section 16.  Paragraph (u) of subsection (1) of section
532	493.6118, Florida Statutes, is redesignated as paragraph (v),
533	and a new paragraph (u) is added to that subsection to read:
534	493.6118  Grounds for disciplinary action.--
535	(1)  The following constitute grounds for which
536	disciplinary action specified in subsection (2) may be taken by
537	the department against any licensee, agency, or applicant
538	regulated by this chapter, or any unlicensed person engaged in
539	activities regulated under this chapter.
540	(u)  For a Class "G" or a Class "K" applicant or licensee,
541	being prohibited from purchasing or possessing a firearm by
542	state or federal law.
543	Section 17.  Subsections (7) and (8) of section 493.6121,
544	Florida Statutes, are renumbered as subsections (6) and (7),
545	respectively, and present subsection (6) of that section is
546	amended, to read:
547	493.6121  Enforcement; investigation.--
548	(6)  The department shall be provided access to the program
549	that is operated by the Department of Law Enforcement, pursuant
550	to s. 790.065, for providing criminal history record information
551	to licensed gun dealers, manufacturers, and exporters. The
552	department may make inquiries, and shall receive responses in
553	the same fashion as provided under s. 790.065. The department
554	shall be responsible for payment to the Department of Law
555	Enforcement of the same fees as charged to others afforded
556	access to the program.
557	Section 18.  Subsection (3) of section 493.6202, Florida
558	Statutes, is amended to read:
559	493.6202  Fees.--
560	(3)  The fees set forth in this section must be paid by
561	certified check or money order or, at the discretion of the
562	department, by agency check at the time the application is
563	approved, except that the applicant for a Class "G," Class "C,"
564	Class "CC," Class "M," or Class "MA" license must pay the
565	license fee at the time the application is made. If a license is
566	revoked or denied or if the application is withdrawn, the
567	license fee shall not be refunded.
568	Section 19.  Subsections (2), (4), and (6) of section
569	493.6203, Florida Statutes, are amended to read:
570	493.6203  License requirements.--In addition to the license
571	requirements set forth elsewhere in this chapter, each
572	individual or agency shall comply with the following additional
573	requirements:
574	(2)  An applicant for a Class "MA" license shall have 2
575	years of lawfully gained, verifiable, full-time experience, or
576	training in:
577	(a)  Private investigative work or related fields of work
578	that provided equivalent experience or training;
579	(b)  Work as a Class "CC" licensed intern;
580	(c)  Any combination of paragraphs (a) and (b);
581	(d)  Experience described in paragraph (a) for 1 year and
582	experience described in paragraph (e) for 1 year;
583	(e)  No more than 1 year using:
584	1.  College coursework related to criminal justice,
585	criminology, or law enforcement administration; or
586	2.  Successfully completed law enforcement-related training
587	received from any federal, state, county, or municipal agency;
588	or
589	(f)  Experience described in paragraph (a) for 1 year and
590	work in a managerial or supervisory capacity for 1 year.
591
592	However, experience in performing bodyguard services is not
593	creditable toward the requirements of this subsection.
594	(4)  An applicant for a Class "C" license shall have 2
595	years of lawfully gained, verifiable, full-time experience, or
596	training in one, or a combination of more than one, of the
597	following:
598	(a)  Private investigative work or related fields of work
599	that provided equivalent experience or training.
600	(b)  College coursework related to criminal justice,
601	criminology, or law enforcement administration, or successful
602	completion of any law enforcement-related training received from
603	any federal, state, county, or municipal agency, except that no
604	more than 1 year may be used from this category.
605	(c)  Work as a Class "CC" licensed intern.
606
607	However, experience in performing bodyguard services is not
608	creditable toward the requirements of this subsection.
609	(6)(a)  A Class "CC" licensee shall serve an internship
610	under the direction and control of a designated sponsor, who is
611	a Class "C," Class "MA," or Class "M" licensee.
612	(b)  Effective July 1, 2009 September 1, 2008, before
613	submission of an application to the department, the an applicant
614	for a Class "CC" license must have completed a minimum of 40 at
615	least 24 hours of professional training a 40-hour course
616	pertaining to general investigative techniques and this chapter,
617	which course is offered by a state university or by a school,
618	community college, college, or university under the purview of
619	the Department of Education, and the applicant must pass an
620	examination. The training must be provided in two parts, one 24-
621	hour course and one 16-hour course. The certificate evidencing
622	satisfactory completion of the 40 at least 24 hours of
623	professional training a 40-hour course must be submitted with
624	the application for a Class "CC" license. The remaining 16 hours
625	must be completed and an examination passed within 180 days. If
626	documentation of completion of the required training is not
627	submitted within the specified timeframe, the individual's
628	license is automatically suspended or his or her authority to
629	work as a Class "CC" pursuant to s. 493.6105(9) is rescinded
630	until such time as proof of certificate of completion is
631	provided to the department. The training course specified in
632	this paragraph may be provided by face-to-face presentation,
633	online technology, or a home study course in accordance with
634	rules and procedures of the Department of Education. The
635	administrator of the examination must verify the identity of
636	each applicant taking the examination.
637	1.  Upon an applicant's successful completion of each part
638	of the approved training course and passage of any required
639	examination, the school, community college, college, or
640	university shall issue a certificate of completion to the
641	applicant. The certificates must be on a form established by
642	rule of the department.
643	2.  The department shall establish by rule the general
644	content of the professional training course and the examination
645	criteria.
646	3.  If the license of an applicant for relicensure is has
647	been invalid for more than 1 year, the applicant must complete
648	the required training and pass any required examination.
649	(c)  An individual who submits an application for a Class
650	"CC" license on or after September 1, 2008, through June 30,
651	2009, who has not completed the 16-hour course must submit proof
652	of successful completion of the course within 180 days after the
653	date the application is submitted. If documentation of
654	completion of the required training is not submitted by that
655	date, the individual's license is automatically suspended until
656	proof of the required training is submitted to the department.
657	An individual licensed on or before August 31, 2008, is not
658	required to complete additional training hours in order to renew
659	an active license beyond the required total amount of training,
660	and within the timeframe, in effect at the time he or she was
661	licensed.
662	Section 20.  Subsection (3) of section 493.6302, Florida
663	Statutes, is amended to read:
664	493.6302  Fees.--
665	(3)  The fees set forth in this section must be paid by
666	certified check or money order or, at the discretion of the
667	department, by agency check at the time the application is
668	approved, except that the applicant for a Class "D," Class "G,"
669	Class "M," or Class "MB" license must pay the license fee at the
670	time the application is made. If a license is revoked or denied
671	or if the application is withdrawn, the license fee shall not be
672	refunded.
673	Section 21.  Subsection (4) of section 493.6303, Florida
674	Statutes, is amended to read:
675	493.6303  License requirements.--In addition to the license
676	requirements set forth elsewhere in this chapter, each
677	individual or agency shall comply with the following additional
678	requirements:
679	(4)(a)  Effective July 1, 2009, an applicant for a Class
680	"D" license must submit proof of successful completion of
681	complete a minimum of 40 hours of professional training at a
682	school or training facility licensed by the department. The
683	training must be provided in two parts, one 24-hour course and
684	one 16-hour course. The department shall by rule establish the
685	general content and number of hours of each subject area to be
686	taught.
687	(b)  An individual who submits an application for a Class
688	"D" license on or after January 1, 2007, through June 30, 2009,
689	who has not completed the 16-hour course must submit proof of
690	successful completion of the course within 180 days after the
691	date the application is submitted. If documentation of
692	completion of the required training is not submitted by that
693	date, the individual's license is automatically suspended until
694	proof of the required training is submitted to the department.
695	This section does not require a person licensed before January
696	1, 2007, to complete additional training hours in order to renew
697	an active license beyond the required total amount of training
698	within the timeframe prescribed by law at the time he or she was
699	licensed. An applicant may fulfill the training requirement
700	prescribed in paragraph (a) by submitting proof of:
701	1.  Successful completion of the total number of required
702	hours of training before initial application for a Class "D"
703	license; or
704	2.  Successful completion of 24 hours of training before
705	initial application for a Class "D" license and successful
706	completion of the remaining 16 hours of training within 180 days
707	after the date that the application is submitted. If
708	documentation of completion of the required training is not
709	submitted within the specified timeframe, the individual's
710	license is automatically suspended until such time as proof of
711	the required training is provided to the department.
712	(c)  An individual However, any person whose license is
713	suspended or has been revoked, suspended pursuant to paragraph
714	(b) subparagraph 2., or is expired for at least 1 year, or
715	longer is considered, upon reapplication for a license, an
716	initial applicant and must submit proof of successful completion
717	of 40 hours of professional training at a school or training
718	facility licensed by the department as provided prescribed in
719	paragraph (a) before a license is will be issued. Any person
720	whose license was issued before January 1, 2007, and whose
721	license has been expired for less than 1 year must, upon
722	reapplication for a license, submit documentation of completion
723	of the total number of hours of training prescribed by law at
724	the time her or his initial license was issued before another
725	license will be issued. This subsection does not require an
726	individual licensed before January 1, 2007, to complete
727	additional training hours in order to renew an active license,
728	beyond the required total amount of training within the
729	timeframe prescribed by law at the time she or he was licensed.
730	Section 22.  Subsection (2) of section 493.6304, Florida
731	Statutes, is amended to read:
732	493.6304  Security officer school or training facility.--
733	(2)  The application shall be signed and verified by the
734	applicant under oath as provided in s. 92.525 notarized and
735	shall contain, at a minimum, the following information:
736	(a)  The name and address of the school or training
737	facility and, if the applicant is an individual, her or his
738	name, address, and social security or alien registration number.
739	(b)  The street address of the place at which the training
740	is to be conducted.
741	(c)  A copy of the training curriculum and final
742	examination to be administered.
743	Section 23.  Subsections (7) and (8) of section 493.6401,
744	Florida Statutes, are amended to read:
745	493.6401  Classes of licenses.--
746	(7)  Any person who operates a recovery agent repossessor
747	school or training facility or who conducts an Internet-based
748	training course or a correspondence training course must have a
749	Class "RS" license.
750	(8)  Any individual who teaches or instructs at a Class
751	"RS" recovery agent repossessor school or training facility
752	shall have a Class "RI" license.
753	Section 24.  Paragraphs (f) and (g) of subsection (1) and
754	subsection (3) of section 493.6402, Florida Statutes, are
755	amended to read:
756	493.6402  Fees.--
757	(1)  The department shall establish by rule biennial
758	license fees which shall not exceed the following:
759	(f)  Class "RS" license--recovery agent repossessor school
760	or training facility: $60.
761	(g)  Class "RI" license--recovery agent repossessor school
762	or training facility instructor: $60.
763	(3)  The fees set forth in this section must be paid by
764	certified check or money order, or, at the discretion of the
765	department, by agency check at the time the application is
766	approved, except that the applicant for a Class "E," Class "EE,"
767	or Class "MR" license must pay the license fee at the time the
768	application is made. If a license is revoked or denied, or if an
769	application is withdrawn, the license fee shall not be refunded.
770	Section 25.  Subsections (1) and (2) of section 493.6406,
771	Florida Statutes, are amended to read:
772	493.6406  Recovery agent Repossession services school or
773	training facility.--
774	(1)  Any school, training facility, or instructor who
775	offers the training outlined in s. 493.6403(2) for Class "E" or
776	Class "EE" applicants shall, before licensure of such school,
777	training facility, or instructor, file with the department an
778	application accompanied by an application fee in an amount to be
779	determined by rule, not to exceed $60. The fee shall not be
780	refundable. This training may be offered as face-to-face
781	training, Internet-based training, or correspondence training.
782	(2)  The application shall be signed and verified by the
783	applicant under oath as provided in s. 92.525 notarized and
784	shall contain, at a minimum, the following information:
785	(a)  The name and address of the school or training
786	facility and, if the applicant is an individual, his or her
787	name, address, and social security or alien registration number.
788	(b)  The street address of the place at which the training
789	is to be conducted or the street address of the Class "RS"
790	school offering Internet-based or correspondence training.
791	(c)  A copy of the training curriculum and final
792	examination to be administered.
793	Section 26.  Paragraph (a) of subsection (2) of section
794	501.605, Florida Statutes, is amended to read:
795	501.605  Licensure of commercial telephone sellers.--
796	(2)  An applicant for a license as a commercial telephone
797	seller must submit to the department, in such form as it
798	prescribes, a written application for the license. The
799	application must set forth the following information:
800	(a)  The true name, date of birth, driver's license number,
801	social security number, and home address of the applicant,
802	including each name under which he or she intends to do
803	business.
804
805	The application shall be accompanied by a copy of any: Script,
806	outline, or presentation the applicant will require or suggest a
807	salesperson to use when soliciting, or, if no such document is
808	used, a statement to that effect; sales information or
809	literature to be provided by the applicant to a salesperson; and
810	sales information or literature to be provided by the applicant
811	to a purchaser in connection with any solicitation.
812	Section 27.  Paragraph (a) of subsection (1) of section
813	501.607, Florida Statutes, is amended to read:
814	501.607  Licensure of salespersons.--
815	(1)  An applicant for a license as a salesperson must
816	submit to the department, in such form as it prescribes, a
817	written application for a license. The application must set
818	forth the following information:
819	(a)  The true name, date of birth, driver's license number,
820	social security number, and home address of the applicant.
821	Section 28.  Subsection (2) of section 501.913, Florida
822	Statutes, is amended to read:
823	501.913  Registration.--
824	(2)  The completed application shall be accompanied by:
825	(a)  Specimens or facsimiles of the label for each brand of
826	antifreeze;
827	(b)  An application fee of $200 for each brand; and
828	(c)  A properly labeled sample of at least 1 gallon, but
829	not more than 2 gallons, of each brand of antifreeze.
830	Section 29.  Subsection (2) of section 525.01, Florida
831	Statutes, is amended to read:
832	525.01  Gasoline and oil to be inspected.--
833	(2)  All petroleum fuels are shall be subject to inspection
834	and analysis by the department. Before selling or offering for
835	sale in this state any petroleum fuel, all manufacturers,
836	terminal suppliers, wholesalers, and importers as defined in s.
837	206.01 jobbers shall file with the department:
838	(a)  An affidavit that they desire to do business in this
839	state, and the name and address of the manufacturer of the
840	petroleum fuel.
841	(b)  An affidavit stating that the petroleum fuel is in
842	conformity with the standards prescribed by department rule.
843	Section 30.  Subsections (1) and (3) of section 525.09,
844	Florida Statutes, are amended to read:
845	525.09  Inspection fee.--
846	(1)  For the purpose of defraying the expenses incident to
847	inspecting, testing, and analyzing petroleum fuels in this
848	state, there shall be paid to the department a charge of one-
849	eighth cent per gallon on all gasoline, alternative fuel
850	containing alcohol as defined in s. 525.01(1)(c)1. or 2.,
851	kerosene (except when used as aviation turbine fuel), and #1
852	fuel oil for sale or use in this state. This inspection fee
853	shall be imposed in the same manner as the motor fuel tax
854	pursuant to s. 206.41. Payment shall be made on or before the
855	25th day of each month.
856	(3)  All remittances to the department for the inspection
857	tax herein provided shall be accompanied by a detailed report
858	under oath showing the number of gallons of gasoline,
859	alternative fuel containing alcohol as defined in s.
860	525.01(1)(c)1. and 2., kerosene, or fuel oil sold and delivered
861	in each county.
862	Section 31.  Section 526.50, Florida Statutes, is amended
863	to read:
864	526.50  Definition of terms.--As used in this part:
865	(1)  "Brake fluid" means the fluid intended for use as the
866	liquid medium through which force is transmitted in the
867	hydraulic brake system of a vehicle operated upon the highways.
868	(2)  "Brand" means the product name appearing on the label
869	of a container of brake fluid.
870	(3)(5)  "Container" means any receptacle in which brake
871	fluid is immediately contained when sold, but does not mean a
872	carton or wrapping in which a number of such receptacles are
873	shipped or stored or a tank car or truck.
874	(4)(2)  "Department" means the Department of Agriculture
875	and Consumer Services.
876	(5)  "Formula" means the name of the chemical mixture or
877	composition of the brake fluid product.
878	(6)(4)  "Labeling" includes all written, printed or graphic
879	representations, in any form whatsoever, imprinted upon or
880	affixed to any container of brake fluid.
881	(7)(6)  "Permit year" means a period of 12 months
882	commencing July 1 and ending on the next succeeding June 30.
883	(8)(7)  "Registrant" means any manufacturer, packer,
884	distributor, seller, or other person who has registered a brake
885	fluid with the department.
886	(9)(3)  "Sell" includes give, distribute, barter, exchange,
887	trade, keep for sale, offer for sale or expose for sale, in any
888	of their variant forms.
889	Section 32.  Section 526.51, Florida Statutes, is amended
890	to read:
891	526.51  Registration; renewal and fees; departmental
892	expenses; cancellation or refusal to issue or renew.--
893	(1)(a)  Application for registration of each brand of brake
894	fluid shall be made on forms to be supplied by the department.
895	The applicant shall give his or her name and address and the
896	brand name of the brake fluid, state that he or she owns the
897	brand name and has complete control over the product sold
898	thereunder in Florida, and provide the name and address of the
899	resident agent in Florida. If the applicant does not own the
900	brand name but wishes to register the product with the
901	department, a notarized affidavit that gives the applicant full
902	authorization to register the brand name and that is signed by
903	the owner of the brand name must accompany the application for
904	registration. The affidavit must include all affected brand
905	names, the owner's company or corporate name and address, the
906	applicant's company or corporate name and address, and a
907	statement from the owner authorizing the applicant to register
908	the product with the department. The owner of the brand name
909	shall maintain complete control over each product sold under
910	that brand name in this state. All first-time brand-formula
911	combination new product applications must be accompanied by a
912	certified report from an independent testing laboratory, setting
913	forth the analysis of the brake fluid which shall show its
914	quality to be not less than the specifications established by
915	the department for brake fluids. A sample of not less than 24
916	fluid ounces of brake fluid shall be submitted, in a container
917	or containers, with labels representing exactly how the
918	containers of brake fluid will be labeled when sold, and the
919	sample and container shall be analyzed and inspected by the
920	Division of Standards in order that compliance with the
921	department's specifications and labeling requirements may be
922	verified. Upon approval of the application, the department shall
923	register the brand name of the brake fluid and issue to the
924	applicant a permit authorizing the registrant to sell the brake
925	fluid in this state during the permit year specified in the
926	permit.
927	(b)  Each applicant shall pay a fee of $100 with each
928	application. An applicant seeking reregistration of a previously
929	registered brand-formula combination must submit a completed
930	application and all materials required under this subsection to
931	the department before the first day of the permit year. A brand-
932	formula combination for which a completed application and all
933	materials required under this subsection are not received before
934	the first day of the permit year ceases to be registered with
935	the department until a completed application and all materials
936	required under this subsection are received and approved. Any
937	fee, application, or materials received after the first day of
938	the permit year, if the brand-formula combination was previously
939	registered with the department, A permit may be renewed by
940	application to the department, accompanied by a renewal fee of
941	$50 on or before the last day of the permit year immediately
942	preceding the permit year for which application is made for
943	renewal of registration. To any fee not paid when due, there
944	shall accrue a penalty of $25, which shall be added to the
945	renewal fee. Renewals will be accepted only on brake fluids that
946	have no change in formula, composition, or brand name. Any
947	change in formula, composition, or brand name of any brake fluid
948	constitutes a new product that must be registered in accordance
949	with this part.
950	(2)  All fees collected under the provisions of this
951	section shall be credited to the General Inspection Trust Fund
952	of the department and all expenses incurred in the enforcement
953	of this part shall be paid from said fund.
954	(3)  The department may cancel or, refuse to issue or
955	refuse to renew any registration and permit after due notice and
956	opportunity to be heard if it finds that the brake fluid is
957	adulterated or misbranded or that the registrant has failed to
958	comply with the provisions of this part or the rules and
959	regulations promulgated thereunder.
960	Section 33.  Paragraph (a) of subsection (3) of section
961	526.52, Florida Statutes, is amended to read:
962	526.52  Specifications; adulteration and misbranding.--
963	(3)  Brake fluid is deemed to be misbranded:
964	(a)  If its container does not bear on its side or top a
965	label on which is printed the name and place of business of the
966	registrant of the product, the words "brake fluid," and a
967	statement that the product therein equals or exceeds the minimum
968	specification of the Society of Automotive Engineers for heavy-
969	duty-type brake fluid or equals or exceeds Federal Motor Vehicle
970	Safety Standard No. 116 adopted by the United States Department
971	of Transportation, heavy-duty-type. By regulation the department
972	may require that the duty-type classification appear on the
973	label.
974	Section 34.  Subsection (2) of section 526.53, Florida
975	Statutes, is amended to read:
976	526.53  Enforcement; inspection and analysis, stop-sale and
977	disposition, regulations.--
978	(2)(a)  When any brake fluid is sold in violation of any of
979	the provisions of this part, all such affected brake fluid of
980	the same brand name on the same premises on which the violation
981	occurred shall be placed under a stop-sale order by the
982	department by serving the owner of the brand name, distributor,
983	or other entity responsible for selling or distributing the
984	product in the state with the stop-sale order. The department
985	shall withdraw its stop-sale order upon the removal of the
986	violation or upon voluntary destruction of the product, or other
987	disposal approved by the department, under the supervision of
988	the department.
989	(b)  In addition to being subject to the stop-sale
990	procedures above, unregistered brake fluid shall be held by the
991	department or its representative, at a place to be designated in
992	the stop-sale order, until properly registered and released in
993	writing by the department or its representative. If application
994	is has not been made for registration of the such product within
995	30 days after issue of the stop-sale order, such product shall
996	be disposed of by the department, or, with the department's
997	consent, by the business, to any tax-supported institution or
998	agency of the state if the brake fluid meets legal
999	specifications or by other disposal authorized by rule of the
1000	department if it fails to meet legal specifications.
1001	Section 35.  Subsections (2) and (5) of section 527.02,
1002	Florida Statutes, are amended to read:
1003	527.02  License; penalty; fees.--
1004	(2)  Each business location of a person having multiple
1005	locations shall be separately licensed and must meet the
1006	requirements of this section. Such license shall be granted to
1007	any applicant determined by the department to be competent,
1008	qualified, and trustworthy who files with the department a
1009	surety bond, insurance affidavit, or other proof of insurance,
1010	as hereinafter specified, and pays for such license the
1011	following original application fee for new licenses and annual
1012	renewal fees for existing licenses:
1013
	License Category OriginalApplication Fee RenewalFee
1014
	Category I liquefied petroleumgas dealer . . . . . . . . . . . . $600 $525 $500 $425
1015
	Category II liquefied petroleumgas dispenser . . . . . . . . . . . . 525 425 375
1016
	Category III liquefied petroleumgas cylinder exchange unitoperator . . . . . . . . . . . . 125 100 75 65
1017
	Category IV liquefied petroleum gas dispenser and recreational vehicle servicer . . . . . . . . . . . . 525 425 400
1018
	Category V liquefied petroleumpetroleum gases dealer for industrial uses only . . . . . . . . . . . . 350 300 275 200
1019
	LP gasinstaller . . . . . . . . . . . . 400 300 300 200
1020
	Specialtyinstaller . . . . . . . . . . . . 300 250 200
1021
	Dealer in appliances and equipmentfor use of liquefied petroleumgas . . . . . . . . . . . . 50 45
1022
	Manufacturer of liquefiedpetroleum gas appliances andequipment . . . . . . . . . . . . 525 425 375
1023
	Requalifier ofcylinders . . . . . . . . . . . . 525 425 375
1024
	Fabricator, repairer, andtester of vehicles and cargotanks . . . . . . . . . . . . 525 425 375
1025
1026	(5)  The license fee for a pipeline system operator shall
1027	be $350 $100 per system owned or operated by the person, not to
1028	exceed $400 per license year. Such license fee applies only to a
1029	pipeline system operator who owns or operates a liquefied
1030	petroleum gas pipeline system that is used to transmit liquefied
1031	petroleum gas from a common source to the ultimate customer and
1032	that serves 10 or more customers. The license shall be renewed
1033	each year at a fee of $275 per year.
1034	Section 36.  Subsections (1) and (3) and paragraphs (a) and
1035	(c) of subsection (5) of section 527.0201, Florida Statutes, are
1036	amended to read:
1037	527.0201  Qualifiers; master qualifiers; examinations.--
1038	(1)  In addition to the requirements of s. 527.02, any
1039	person applying for a license to engage in the activities of a
1040	pipeline system operator, category I liquefied petroleum gas
1041	dealer, category II liquefied petroleum gas dispenser, category
1042	IV liquefied petroleum gas dispenser and recreational vehicle
1043	servicer, category V liquefied petroleum gases dealer for
1044	industrial uses only, LP gas installer, specialty installer,
1045	requalifier requalification of cylinders, or fabricator,
1046	repairer, and tester of vehicles and cargo tanks must prove
1047	competency by passing a written examination administered by the
1048	department or its agent with a grade of at least 75 percent in
1049	each area tested or above. Each applicant for examination shall
1050	submit a $30 $20 nonrefundable fee. The department shall by rule
1051	specify the general areas of competency to be covered by each
1052	examination and the relative weight to be assigned in grading
1053	each area tested.
1054	(3)  Qualifier cards issued to category I liquefied
1055	petroleum gas dealers and liquefied petroleum gas installers
1056	shall expire 3 years after the date of issuance. All category I
1057	liquefied petroleum gas dealer qualifiers and liquefied
1058	petroleum gas installer qualifiers holding a valid qualifier
1059	card upon the effective date of this act shall retain their
1060	qualifier status until July 1, 2003, and may sit for the master
1061	qualifier examination at any time during that time period. All
1062	such category I liquefied petroleum gas dealer qualifiers and
1063	liquefied petroleum gas installer qualifiers may renew their
1064	qualification on or before July 1, 2003, upon application to the
1065	department, payment of a $20 renewal fee, and documentation of
1066	the completion of a minimum of 16 12 hours of approved
1067	continuing education courses, as defined by department rule,
1068	during the previous 3-year period. Applications for renewal must
1069	be made 30 calendar days prior to expiration. Persons failing to
1070	renew prior to the expiration date must reapply and take a
1071	qualifier competency examination in order to reestablish
1072	category I liquefied petroleum gas dealer qualifier and
1073	liquefied petroleum gas installer qualifier status. If a
1074	category I liquefied petroleum gas qualifier or liquefied
1075	petroleum gas installer qualifier becomes a master qualifier at
1076	any time during the effective date of the qualifier card, the
1077	card shall remain in effect until expiration of the master
1078	qualifier certification.
1079	(5)  In addition to all other licensing requirements, each
1080	category I liquefied petroleum gas dealer and liquefied
1081	petroleum gas installer must, at the time of application for
1082	licensure, identify to the department one master qualifier who
1083	is a full-time employee at the licensed location. This person
1084	shall be a manager, owner, or otherwise primarily responsible
1085	for overseeing the operations of the licensed location and must
1086	provide documentation to the department as provided by rule. The
1087	master qualifier requirement shall be in addition to the
1088	requirements of subsection (1).
1089	(a)  In order to apply for certification as a master
1090	qualifier, each applicant must be a category I liquefied
1091	petroleum gas dealer qualifier or liquefied petroleum gas
1092	installer qualifier, must be employed by a licensed category I
1093	liquefied petroleum gas dealer, liquefied petroleum gas
1094	installer, or applicant for such license, must provide
1095	documentation of a minimum of 1 year's work experience in the
1096	gas industry, and must pass a master qualifier competency
1097	examination. Master qualifier examinations shall be based on
1098	Florida's laws, rules, and adopted codes governing liquefied
1099	petroleum gas safety, general industry safety standards, and
1100	administrative procedures. The examination must be successfully
1101	passed completed by the applicant with a grade of at least 75
1102	percent or more. Each applicant for master qualifier status
1103	shall submit to the department a nonrefundable $50 $30
1104	examination fee prior to the examination.
1105	(c)  Master qualifier status shall expire 3 years after the
1106	date of issuance of the certificate and may be renewed by
1107	submission to the department of documentation of completion of
1108	at least 16 12 hours of approved continuing education courses
1109	during the 3-year period; proof of employment with a licensed
1110	category I liquefied petroleum gas dealer, liquefied petroleum
1111	gas installer, or applicant; and a $30 certificate renewal fee.
1112	The department shall define, by rule, approved courses of
1113	continuing education.
1114	Section 37.  Subsection (4) of section 527.021, Florida
1115	Statutes, is amended to read:
1116	527.021  Registration of transport vehicles.--
1117	(4)  An inspection fee of $75 $50 shall be assessed for
1118	each registered vehicle inspected by the department pursuant to
1119	s. 527.061. Registered vehicles shall be inspected annually. All
1120	inspection fees collected in connection with this section shall
1121	be deposited in the General Inspection Trust Fund for the
1122	purpose of administering the provisions of this chapter.
1123	Section 38.  Section 527.12, Florida Statutes, is amended
1124	to read:
1125	527.12  Cease and desist orders; stop-use orders; stop-
1126	operation orders; stop-sale orders; administrative fines.--
1127	(1)  Whenever the department has shall have reason to
1128	believe that any person is violating or has violated been
1129	violating provisions of this chapter or any rules adopted under
1130	this chapter pursuant thereto, the department it may issue a
1131	cease and desist order, or impose a civil penalty, or do both
1132	may issue such cease and desist order and impose a civil
1133	penalty.
1134	(2)  Whenever a person or liquefied petroleum gas system or
1135	storage facility, or any part or component thereof, fails to
1136	comply with this chapter or any rules adopted under this
1137	chapter, the department may issue a stop-use order, stop-
1138	operation order, or stop-sale order.
1139	Section 39.  Subsection (1) of section 559.805, Florida
1140	Statutes, is amended to read:
1141	559.805  Filings with the department; disclosure of
1142	advertisement identification number.--
1143	(1)  Every seller of a business opportunity shall annually
1144	file with the department a copy of the disclosure statement
1145	required by s. 559.803 before prior to placing an advertisement
1146	or making any other representation designed to offer to, sell
1147	to, or solicit an offer to buy a business opportunity from a
1148	prospective purchaser in this state and shall update this filing
1149	by reporting any material change in the required information
1150	within 30 days after the material change occurs. An
1151	advertisement is not placed in the state merely because the
1152	publisher circulates, or there is circulated on his or her
1153	behalf in the state, any bona fide newspaper or other
1154	publication of general, regular, and paid circulation which has
1155	had more than two-thirds of its circulation during the past 12
1156	months outside the state or because a radio or television
1157	program originating outside the state is received in the state.
1158	If the seller is required by s. 559.807 to provide a bond or
1159	establish a trust account or guaranteed letter of credit, he or
1160	she shall contemporaneously file with the department a copy of
1161	the bond, a copy of the formal notification by the depository
1162	that the trust account is established, or a copy of the
1163	guaranteed letter of credit. Every seller of a business
1164	opportunity shall file with the department a list of independent
1165	agents who will engage in the offer or sale of business
1166	opportunities on behalf of the seller in this state. This list
1167	must be kept current and shall include the following
1168	information: name, home and business address, telephone number,
1169	present employer, social security number, and birth date. A No
1170	person may not shall be allowed to offer or sell business
1171	opportunities unless the required information is has been
1172	provided to the department.
1173	Section 40.  Subsection (3) of section 559.928, Florida
1174	Statutes, is amended to read:
1175	559.928  Registration.--
1176	(3)  Each independent agent shall annually file an
1177	affidavit with the department before prior to engaging in
1178	business in this state. This affidavit must include the
1179	independent agent's full name, legal business or trade name,
1180	mailing address, business address, telephone number, social
1181	security number, and the name or names and addresses of each
1182	seller of travel represented by the independent agent. A letter
1183	evidencing proof of filing must be issued by the department and
1184	must be prominently displayed in the independent agent's primary
1185	place of business. Each independent agent must also submit an
1186	annual registration fee of $50. All moneys collected pursuant to
1187	the imposition of the fee shall be deposited by the Chief
1188	Financial Officer into the General Inspection Trust Fund of the
1189	Department of Agriculture and Consumer Services for the sole
1190	purpose of administrating this part. As used in this subsection,
1191	the term "independent agent" means a person who represents a
1192	seller of travel by soliciting persons on its behalf; who has a
1193	written contract with a seller of travel which is operating in
1194	compliance with this part and any rules adopted thereunder; who
1195	does not receive a fee, commission, or other valuable
1196	consideration directly from the purchaser for the seller of
1197	travel; who does not at any time have any unissued ticket stock
1198	or travel documents in his or her possession; and who does not
1199	have the ability to issue tickets, vacation certificates, or any
1200	other travel document. The term "independent agent" does not
1201	include an affiliate of the seller of travel, as that term is
1202	used in s. 559.935(3), or the employees of the seller of travel
1203	or of such affiliates.
1204	Section 41.  Subsection (7) of section 570.0725, Florida
1205	Statutes, is amended to read:
1206	570.0725  Food recovery; legislative intent; department
1207	functions.--
1208	(7)  For public information purposes, the department may
1209	shall develop and provide a public information brochure
1210	detailing the need for food banks and similar of food recovery
1211	programs, the benefit of such food recovery programs, the manner
1212	in which such organizations may become involved in such food
1213	recovery programs, and the protection afforded to such programs
1214	under s. 768.136, and the food recovery entities or food banks
1215	that exist in the state. This brochure must be updated annually.
1216	A food bank or similar food recovery organization seeking to be
1217	included on a list of such organizations must notify the
1218	department and provide the information required by rule of the
1219	department. Such organizations are responsible for updating the
1220	information and providing the updated information to the
1221	department. The department may adopt rules to implement this
1222	section.
1223	Section 42.  Paragraph (e) of subsection (6) of section
1224	570.53, Florida Statutes, is amended to read:
1225	570.53  Division of Marketing and Development; powers and
1226	duties.--The powers and duties of the Division of Marketing and
1227	Development include, but are not limited to:
1228	(6)
1229	(e)  Extending in every practicable way the distribution
1230	and sale of Florida agricultural products throughout the markets
1231	of the world as required of the department by s. ss. 570.07(7),
1232	(8), (10), and (11) and 570.071 and chapters 571, 573, and 574.
1233	Section 43.  Subsection (2) of section 570.54, Florida
1234	Statutes, is amended to read:
1235	570.54  Director; duties.--
1236	(2)  It shall be the duty of the director of this division
1237	to supervise, direct, and coordinate the activities authorized
1238	by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and
1239	(20), 570.071, 570.21, 534.47-534.53, and 604.15-604.34 and
1240	chapters 504, 571, 573, and 574 and to exercise other powers and
1241	authority as authorized by the department.
1242	Section 44.  Subsection (4) of section 570.55, Florida
1243	Statutes, is amended to read:
1244	570.55  Identification of sellers or handlers of tropical
1245	or subtropical fruit and vegetables; containers specified;
1246	penalties.--
1247	(4)  IDENTIFICATION OF HANDLER.--At the time of each
1248	transaction involving the handling or sale of 55 pounds or more
1249	of tropical or subtropical fruit or vegetables in the primary
1250	channel of trade, the buyer or receiver of the tropical or
1251	subtropical fruit or vegetables shall demand a bill of sale,
1252	invoice, sales memorandum, or other document listing the date of
1253	the transaction, the quantity of the tropical or subtropical
1254	fruit or vegetables involved in the transaction, and the
1255	identification of the seller or handler as it appears on the
1256	driver's license of the seller or handler, including the
1257	driver's license number. If the seller or handler does not
1258	possess a driver's license, the buyer or receiver shall use any
1259	other acceptable means of identification, which may include, but
1260	is not limited to, i.e., voter's registration card and number,
1261	draft card, social security card, or other identification.
1262	However, no less than two identification documents shall be
1263	used. The identification of the seller or handler shall be
1264	recorded on the bill of sale, sales memorandum, invoice, or
1265	voucher, which shall be retained by the buyer or receiver for a
1266	period of not less than 1 year from the date of the transaction.
1267	Section 45.  Subsection (3) of section 570.902, Florida
1268	Statutes, is amended to read:
1269	570.902  Definitions; ss. 570.902 and 570.903.--For the
1270	purpose of ss. 570.902 and 570.903:
1271	(3)  "Museum" means the Florida Agricultural Museum which
1272	is designated as the museum for agriculture and rural history of
1273	the State of Florida.
1274	Section 46.  Section 570.903, Florida Statutes, is amended
1275	to read:
1276	570.903  Direct-support organization.--
1277	(1)  When the Legislature authorizes the establishment of a
1278	direct-support organization to provide assistance for the
1279	museums, the Florida Agriculture in the Classroom Program, the
1280	Florida State Collection of Arthropods, the Friends of the
1281	Florida State Forests Program of the Division of Forestry, and
1282	the Forestry Arson Alert Program, and other programs of the
1283	department, the following provisions shall govern the creation,
1284	use, powers, and duties of the direct-support organization.
1285	(a)  The department shall enter into a memorandum or letter
1286	of agreement with the direct-support organization, which shall
1287	specify the approval of the department, the powers and duties of
1288	the direct-support organization, and rules with which the
1289	direct-support organization shall comply.
1290	(b)  The department may permit, without charge, appropriate
1291	use of property, facilities, and personnel of the department by
1292	a direct-support organization, subject to the provisions of ss.
1293	570.902 and 570.903. The use shall be directly in keeping with
1294	the approved purposes of the direct-support organization and
1295	shall not be made at times or places that would unreasonably
1296	interfere with opportunities for the general public to use
1297	department facilities for established purposes.
1298	(c)  The department shall prescribe by contract or by rule
1299	conditions with which a direct-support organization shall comply
1300	in order to use property, facilities, or personnel of the
1301	department or museum. Such rules shall provide for budget and
1302	audit review and oversight by the department.
1303	(d)  The department shall not permit the use of property,
1304	facilities, or personnel of the museum, department, or
1305	designated program by a direct-support organization which does
1306	not provide equal employment opportunities to all persons
1307	regardless of race, color, religion, sex, age, or national
1308	origin.
1309	(2)(a)  The direct-support organization shall be empowered
1310	to conduct programs and activities; raise funds; request and
1311	receive grants, gifts, and bequests of money; acquire, receive,
1312	hold, invest, and administer, in its own name, securities,
1313	funds, objects of value, or other property, real or personal;
1314	and make expenditures to or for the direct or indirect benefit
1315	of the museum or designated program.
1316	(b)  Notwithstanding the provisions of s. 287.057, the
1317	direct-support organization may enter into contracts or
1318	agreements with or without competitive bidding for the
1319	restoration of objects, historical buildings, and other
1320	historical materials or for the purchase of objects, historical
1321	buildings, and other historical materials which are to be added
1322	to the collections of the museum, or benefit of the designated
1323	program. However, before the direct-support organization may
1324	enter into a contract or agreement without competitive bidding,
1325	the direct-support organization shall file a certification of
1326	conditions and circumstances with the internal auditor of the
1327	department justifying each contract or agreement.
1328	(c)  Notwithstanding the provisions of s. 287.025(1)(e),
1329	the direct-support organization may enter into contracts to
1330	insure property of the museum or designated programs and may
1331	insure objects or collections on loan from others in satisfying
1332	security terms of the lender.
1333	(3)  The direct-support organization shall provide for an
1334	annual financial audit in accordance with s. 215.981.
1335	(4)  Neither a designated program or a museum, nor a
1336	nonprofit corporation trustee or employee may:
1337	(a)  Receive a commission, fee, or financial benefit in
1338	connection with the sale or exchange of property historical
1339	objects or properties to the direct-support organization, the
1340	museum, or the designated program; or
1341	(b)  Be a business associate of any individual, firm, or
1342	organization involved in the sale or exchange of property to the
1343	direct-support organization, the museum, or the designated
1344	program.
1345	(5)  All moneys received by the direct-support organization
1346	shall be deposited into an account of the direct-support
1347	organization and shall be used by the organization in a manner
1348	consistent with the goals of the museum or designated program.
1349	(6)  The identity of a donor or prospective donor who
1350	desires to remain anonymous and all information identifying such
1351	donor or prospective donor are confidential and exempt from the
1352	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1353	Constitution.
1354	(7)  The Commissioner of Agriculture, or the commissioner's
1355	designee, may serve on the board of trustees and the executive
1356	committee of any direct-support organization established to
1357	benefit the museum or any designated program.
1358	(8)  The department shall establish by rule archival
1359	procedures relating to museum artifacts and records. The rules
1360	shall provide procedures which protect the museum's artifacts
1361	and records equivalent to those procedures which have been
1362	established by the Department of State under chapters 257 and
1363	267.
1364	Section 47.  Subsection (4) of section 573.118, Florida
1365	Statutes, is amended to read:
1366	573.118  Assessment; funds; audit; loans.--
1367	(4)  In the event of levying and collecting of assessments,
1368	for each fiscal year in which assessment funds are received by
1369	the department, the department shall maintain records of
1370	collections and expenditures for each marketing order separately
1371	within the state's accounting system. If requested by an
1372	advisory council, department staff shall cause to be made a
1373	thorough annual audit of the books and accounts by a certified
1374	public accountant, such audit to be completed within 60 days
1375	after the request is received end of the fiscal year. The
1376	advisory council department and all producers and handlers
1377	covered by the marketing order shall be provided a copy of the
1378	properly advised of the details of the annual official audit of
1379	the accounts as shown by the certified public accountant within
1380	30 days after completion of the audit.
1381	Section 48.  Subsections (18) through (30) of section
1382	581.011, Florida Statutes, are renumbered as subsections (17)
1383	through (29), respectively, and present subsections (17) and
1384	(20) of that section are amended to read:
1385	581.011  Definitions.--As used in this chapter:
1386	(17)  "Museum" means the Florida State Collection of
1387	Arthropods.
1388	(19)(20)  "Nursery" means any grounds or premises on or in
1389	which nursery stock is grown, propagated, or held for sale or
1390	distribution, including except where aquatic plant species are
1391	tended for harvest in the natural environment.
1392	Section 49.  Paragraph (d) of subsection (14) of section
1393	581.031, Florida Statutes, is amended to read:
1394	581.031  Department; powers and duties.--The department has
1395	the following powers and duties:
1396	(14)
1397	(d)  To prescribe a fee for these services, if provided the
1398	fee does not exceed the cost of the services rendered. Annual
1399	citrus source tree registration fees shall not exceed $15 $5 per
1400	tree. If the fee has not been paid within 30 days of billing, a
1401	penalty of $10 or 20 percent of the unpaid balance, whichever is
1402	greater, shall be assessed.
1403	Section 50.  Subsection (6) of section 581.131, Florida
1404	Statutes, is amended to read:
1405	581.131  Certificate of registration.--
1406	(6)  Neither the certificate of registration fee nor the
1407	annual renewal fee shall exceed $600 $460. The department may
1408	exempt from the payment of a certificate fee those governmental
1409	agency nurseries whose nursery stock is used exclusively for
1410	planting on their own property.
1411	Section 51.  Paragraph (a) of subsection (3) of section
1412	581.211, Florida Statutes, is amended to read:
1413	581.211  Penalties for violations.--
1414	(3)(a)1.  In addition to any other provision of law, the
1415	department may, after notice and hearing, impose an
1416	administrative fine not exceeding $10,000 $5,000 for each
1417	violation of this chapter, upon any person, nurseryman, stock
1418	dealer, agent or plant broker. The fine, when paid, shall be
1419	deposited in the Plant Industry Trust Fund. In addition, the
1420	department may place the violator on probation for up to 1 year,
1421	with conditions.
1422	2.  The imposition of a fine or probation pursuant to this
1423	subsection may be in addition to or in lieu of the suspension or
1424	revocation of a certificate of registration or certificate of
1425	inspection.
1426	Section 52.  Section 583.13, Florida Statutes, is amended
1427	to read:
1428	583.13  Labeling and advertising requirements for dressed
1429	poultry; unlawful acts.--
1430	(1)  It is unlawful for any dealer or broker to sell, offer
1431	for sale, or hold for the purpose of sale in the state any
1432	dressed or ready-to-cook poultry in bulk unless the such poultry
1433	is packed in a container clearly bearing a label, not less than
1434	3 inches by 5 inches, on which shall be plainly and legibly
1435	printed, in letters of not less than one-fourth inch 1/4 in
1436	height, the grade and the part name or whole-bird statement of
1437	such poultry. The grade may be expressed in the term "premium,"
1438	"good," or "standard," or as the grade of another state or
1439	federal agency the standards of quality of which, by law, are
1440	equal to the standards of quality provided by this law and rules
1441	promulgated hereunder.
1442	(2)  It is unlawful to sell unpackaged dressed or ready-to-
1443	cook poultry at retail unless such poultry is labeled by a
1444	placard immediately adjacent to the poultry or unless each bird
1445	is individually labeled to show the grade and the part name or
1446	whole-bird statement. The placard shall be no smaller than 7
1447	inches by 7 inches in size, and the required labeling
1448	information shall be legibly and plainly printed on the placard
1449	in letters not smaller than 1 inch in height.
1450	(3)  It is unlawful to sell packaged dressed or ready-to-
1451	cook poultry at retail unless such poultry is labeled to show
1452	the grade, the part name or whole-bird statement, the net weight
1453	of the poultry, and the name and address of the dealer. The size
1454	of the type on the label must be one-eighth inch or larger. A
1455	placard immediately adjacent to such poultry may be used to
1456	indicate the grade and the part name or whole-bird statement,
1457	but not the net weight of the poultry or the name and address of
1458	the dealer.
1459	(4)  It is unlawful to use dressed or ready-to-cook poultry
1460	in bulk in the preparation of food served to the public, or to
1461	hold such poultry for the purpose of such use, unless the
1462	poultry when received was packed in a container clearly bearing
1463	a label, not less than 3 inches by 5 inches, on which was
1464	plainly and legibly printed, in letters not less than one-fourth
1465	inch in height, the grade and the part name or whole-bird
1466	statement of such poultry. The grade may be expressed in the
1467	term "premium," "good," or "standard," or as the grade of
1468	another state or federal agency the standards of quality of
1469	which, by law, are equal to the standards of quality provided by
1470	this law and rules promulgated hereunder.
1471	(5)  It is unlawful to offer dressed or ready-to-cook
1472	poultry for sale in any advertisement in a newspaper or
1473	circular, on radio or television, or in any other form of
1474	advertising without plainly designating in such advertisement
1475	the grade and the part name or whole-bird statement of such
1476	poultry.
1477	Section 53.  Subsections (4) and (5) of section 590.125,
1478	Florida Statutes, are renumbered as subsections (5) and (6),
1479	respectively, subsection (1), paragraph (b) of subsection (3),
1480	and paragraph (c) of present subsection (4) are amended, and new
1481	subsections (4) and (7) are added to that section, to read:
1482	590.125  Open burning authorized by the division.--
1483	(1)  DEFINITIONS.--As used in this section, the term:
1484	(a)  "Certified pile burner" means an individual who
1485	successfully completes the division's pile burning certification
1486	program and possesses a valid pile burner certification number.
1487	(b)  "Certified prescribed burn manager" means an
1488	individual who successfully completes the certified prescribed
1489	burning certification program of the division and possesses a
1490	valid certification number.
1491	(c)(d)  "Extinguished" means:
1492	1.  that no spreading flame For wild land burning or
1493	certified prescribed burning, that no spreading flames exist.
1494	2.  and no visible flame, smoke, or emissions For
1495	vegetative land-clearing debris burning or pile burning, that no
1496	visible flames exist.
1497	3.  For vegetative land-clearing debris burning or pile
1498	burning in an area designated as smoke sensitive by the
1499	division, that no visible flames, smoke, or emissions exist.
1500	(d)  "Land-clearing operation" means the uprooting or
1501	clearing of vegetation in connection with the construction of
1502	buildings and rights-of-way, land development, and mineral
1503	operations. The term does not include the clearing of yard
1504	trash.
1505	(e)  "Pile burning" means the burning of silvicultural,
1506	agricultural, or land-clearing and tree-cutting debris
1507	originating onsite, which is stacked together in a round or
1508	linear fashion, including, but not limited to, a windrow.
1509	(f)(a)  "Prescribed burning" means the controlled
1510	application of fire in accordance with a written prescription
1511	for vegetative fuels under specified environmental conditions
1512	while following appropriate precautionary measures that ensure
1513	that the fire is confined to a predetermined area to accomplish
1514	the planned fire or land-management objectives.
1515	(g)(c)  "Prescription" means a written plan establishing
1516	the criteria necessary for starting, controlling, and
1517	extinguishing a prescribed burn.
1518	(h)  "Yard trash" means vegetative matter resulting from
1519	landscaping and yard maintenance operations and other such
1520	routine property cleanup activities. The term includes materials
1521	such as leaves, shrub trimmings, grass clippings, brush, and
1522	palm fronds.
1523	(3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
1524	PURPOSE.--
1525	(b)  Certified prescribed burning pertains only to
1526	broadcast burning for purposes of silviculture, wildlife
1527	management, ecological maintenance and restoration, and range
1528	and pasture management. It must be conducted in accordance with
1529	this subsection and:
1530	1.  May be accomplished only when a certified prescribed
1531	burn manager is present on site with a copy of the prescription
1532	from ignition of the burn to its completion.
1533	2.  Requires that a written prescription be prepared before
1534	receiving authorization to burn from the division.
1535	3.  Requires that the specific consent of the landowner or
1536	his or her designee be obtained before requesting an
1537	authorization.
1538	4.  Requires that an authorization to burn be obtained from
1539	the division before igniting the burn.
1540	5.  Requires that there be adequate firebreaks at the burn
1541	site and sufficient personnel and firefighting equipment for the
1542	control of the fire.
1543	6.  Is considered to be in the public interest and does not
1544	constitute a public or private nuisance when conducted under
1545	applicable state air pollution statutes and rules.
1546	7.  Is considered to be a property right of the property
1547	owner if vegetative fuels are burned as required in this
1548	subsection.
1549	(4)  CERTIFIED PILE BURNING; LEGISLATIVE FINDINGS AND
1550	PURPOSE.--
1551	(a)  Pile burning is a tool that benefits current and
1552	future generations in Florida by disposing of naturally
1553	occurring vegetative debris through burning rather than
1554	disposing of the debris in landfills.
1555	(b)  Certified pile burning pertains to the disposal of
1556	piled, naturally occurring debris from an agricultural,
1557	silvicultural, or temporary land-clearing operation. A land-
1558	clearing operation is temporary if it operates for 6 months or
1559	less. Certified pile burning must be conducted in accordance
1560	with this subsection, and:
1561	1.  A certified pile burner must ensure, before ignition,
1562	that the piles are properly placed and that the content of the
1563	piles is conducive to efficient burning.
1564	2.  A certified pile burner must ensure that the piles are
1565	properly extinguished no later than 1 hour after sunset. If the
1566	burn is conducted in an area designated by the division as smoke
1567	sensitive, a certified pile burner must ensure that the piles
1568	are properly extinguished at least 1 hour before sunset.
1569	3.  A written pile burn plan must be prepared before
1570	receiving authorization from the division to burn.
1571	4.  The specific consent of the landowner or his or her
1572	agent must be obtained before requesting authorization to burn.
1573	5.  An authorization to burn must be obtained from the
1574	division or its designated agent before igniting the burn.
1575	6.  There must be adequate firebreaks and sufficient
1576	personnel and firefighting equipment at the burn site to control
1577	the fire.
1578	(c)  If a burn is conducted in accordance with this
1579	subsection, the property owner and his or her agent are not
1580	liable under s. 590.13 for damage or injury caused by the fire
1581	or resulting smoke, and are not in violation of subsection (2),
1582	unless gross negligence is proven.
1583	(d)  A certified pile burner who violates this section
1584	commits a misdemeanor of the second degree, punishable as
1585	provided in s. 775.082 or s. 775.083.
1586	(e)  The division shall adopt rules regulating certified
1587	pile burning. The rules shall include procedures and criteria
1588	for certifying and decertifying certified pile burn managers
1589	based on past experience, training, and record of compliance
1590	with this section.
1591	(5)(4)  WILDFIRE HAZARD REDUCTION TREATMENT BY THE
1592	DIVISION.--The division may conduct fuel reduction initiatives,
1593	including, but not limited to, burning and mechanical and
1594	chemical treatment, on any area of wild land within the state
1595	which is reasonably determined to be in danger of wildfire in
1596	accordance with the following procedures:
1597	(c)  Prepare, and send the county tax collector shall
1598	include with the annual tax statement, a notice to be sent to
1599	all landowners in each area township designated by the division
1600	as a wildfire hazard area. The notice must describe particularly
1601	the area to be treated and the tentative date or dates of the
1602	treatment and must list the reasons for and the expected
1603	benefits from the wildfire hazard reduction.
1604	(7)  DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING
1605	AUTHORIZATION PROGRAMS.--
1606	(a)  A county or municipality may exercise the division's
1607	authority, if delegated by the division under this subsection,
1608	to issue authorizations for the burning of yard trash or debris
1609	from land-clearing operations. A county's or municipality's
1610	existing or proposed open burning authorization program must:
1611	1.  Be approved by the division. The division shall not
1612	approve a program if it fails to meet the requirements of
1613	subsections (2) and (4) and any rules adopted under those
1614	subsections.
1615	2.  Provide by ordinance or local law the requirements for
1616	obtaining and performing a burn authorization that comply with
1617	subsections (2) and (4) and any rules adopted under those
1618	subsections.
1619	3.  Provide for the enforcement of the program's
1620	requirements.
1621	4.  Provide financial, personnel, and other resources
1622	needed to carry out the program.
1623	(b)  If the division determines that a county's or
1624	municipality's open burning authorization program does not
1625	comply with subsections (2) and (4) and any rules adopted under
1626	those subsections, the division shall require the county or
1627	municipality to take necessary corrective actions within a
1628	reasonable period, not to exceed 90 days.
1629	1.  If the county or municipality fails to take the
1630	necessary corrective actions within the required period, the
1631	division shall resume administration of the open burning
1632	authorization program in the county or municipality and the
1633	county or municipality shall cease administration of its
1634	program.
1635	2.  Each county and municipality administering an open
1636	burning authorization program must cooperate with and assist the
1637	division in carrying out the division's powers, duties, and
1638	functions.
1639	3.  A person who violates the requirements of a county's or
1640	municipality's open burning authorization program, as provided
1641	by ordinance or local law enacted pursuant to this section,
1642	commits a violation of this chapter, punishable as provided in
1643	s. 590.14.
1644	Section 54.  Subsection (4) of section 590.14, Florida
1645	Statutes, is renumbered as subsection (7), subsections (1) and
1646	(3) are amended, and new subsections (4), (5), and (6) are added
1647	to that section, to read:
1648	590.14  Notice of violation; penalties.--
1649	(1)  If a division employee determines that a person has
1650	violated chapter 589, or this chapter, or any rule adopted by
1651	the division to administer provisions of law conferring duties
1652	upon the division, the division employee he or she may issue a
1653	notice of violation indicating the statute violated. This notice
1654	will be filed with the division and a copy forwarded to the
1655	appropriate law enforcement entity for further action if
1656	necessary.
1657	(3)  The department may also impose an administrative fine,
1658	not to exceed $1,000 per violation of any section of chapter 589
1659	or this chapter or violation of any rule adopted by the division
1660	to administer provisions of law conferring duties upon the
1661	division. The fine shall be based upon the degree of damage, the
1662	prior violation record of the person, and whether the person
1663	knowingly provided false information to obtain an authorization.
1664	The fines shall be deposited in the Incidental Trust Fund of the
1665	division.
1666	(4)  A person may not:
1667	(a)  Fail to comply with any rule or order adopted by the
1668	division to administer provisions of law conferring duties upon
1669	the division; or
1670	(b)  Knowingly make any false statement or representation
1671	in any application, record, plan, or other document required by
1672	this chapter or any rules adopted under this chapter.
1673	(5)  A person who violates paragraph (4)(a) or paragraph
1674	(4)(b) commits a misdemeanor of the second degree, punishable as
1675	provided in s. 775.082 or s. 775.083.
1676	(6)  It is the intent of the Legislature that a penalty
1677	imposed by a court under subsection (5) be of a severity that
1678	ensures immediate and continued compliance with this section.
1679	Section 55.  Paragraph (a) of subsection (1) of section
1680	599.004, Florida Statutes, is amended to read:
1681	599.004  Florida Farm Winery Program; registration; logo;
1682	fees.--
1683	(1)  The Florida Farm Winery Program is established within
1684	the Department of Agriculture and Consumer Services. Under this
1685	program, a winery may qualify as a tourist attraction only if it
1686	is registered with and certified by the department as a Florida
1687	Farm Winery. A winery may not claim to be certified unless it
1688	has received written approval from the department.
1689	(a)  To qualify as a certified Florida Farm Winery, a
1690	winery shall meet the following standards:
1691	1.  Produce or sell less than 250,000 gallons of wine
1692	annually.
1693	2.  Maintain a minimum of 10 acres of owned or managed land
1694	vineyards in Florida which produces commodities used in the
1695	production of wine.
1696	3.  Be open to the public for tours, tastings, and sales at
1697	least 30 hours each week.
1698	4.  Make annual application to the department for
1699	recognition as a Florida Farm Winery, on forms provided by the
1700	department.
1701	5.  Pay an annual application and registration fee of $100.
1702	Section 56.  Subsection (11) is added to section 604.15,
1703	Florida Statutes, to read:
1704	604.15  Dealers in agricultural products; definitions.--For
1705	the purpose of ss. 604.15-604.34, the following words and terms,
1706	when used, shall be construed to mean:
1707	(11)  "Responsible position" means a position within the
1708	business of a dealer in agricultural products that has the
1709	authority to negotiate or make the purchase of agricultural
1710	products on behalf of the dealer's business or has principal
1711	active management authority over the business decisions,
1712	actions, and activities of the dealer's business in this state.
1713	Section 57.  Section 604.19, Florida Statutes, is amended
1714	to read:
1715	604.19  License; fee; bond; certificate of deposit;
1716	penalty.--Unless the department refuses the application on one
1717	or more of the grounds provided in this section, it shall issue
1718	to an applicant, upon the payment of required fees and the
1719	execution and delivery of a bond or certificate of deposit as
1720	provided in this section, a state license entitling the
1721	applicant to conduct business as a dealer in agricultural
1722	products for a 1-year period to coincide with the effective
1723	period of the bond or certificate of deposit furnished by the
1724	applicant. During the 1-year period covered by a license, if the
1725	supporting surety bond or certificate of deposit is canceled for
1726	any reason, the license shall automatically expire on the date
1727	the surety bond or certificate of deposit terminates, unless an
1728	acceptable replacement is in effect before the date of
1729	termination so that continual coverage occurs for the remaining
1730	period of the license. A surety company shall give the
1731	department a 30-day written notice of cancellation by certified
1732	mail in order to cancel a bond. Cancellation of a bond or
1733	certificate of deposit does shall not relieve a surety company
1734	or financial institution of liability for purchases or sales
1735	occurring while the bond or certificate of deposit was in
1736	effect. The license fee, which must be paid for the principal
1737	place of business for a dealer in agricultural products, shall
1738	be based upon the amount of the dealer's surety bond or
1739	certificate of deposit furnished by each dealer under the
1740	provisions of s. 604.20 and may not exceed $500. For each
1741	additional place in which the applicant desires to conduct
1742	business and which the applicant names in the application, the
1743	additional license fee must be paid but may not exceed $100
1744	annually. If a Should any dealer in agricultural products fails,
1745	refuses, or neglects fail, refuse, or neglect to apply and
1746	qualify for the renewal of a license on or before its the date
1747	of expiration date thereof, a penalty not to exceed $100 shall
1748	apply to and be added to the original license fee for the
1749	principal place of business and to the license fee for each
1750	additional place of business named in the application and shall
1751	be paid by the applicant before the renewal license may be
1752	issued. The department by rule shall prescribe fee amounts
1753	sufficient to fund ss. 604.15-604.34.
1754	Section 58.  Subsections (1) and (4) of section 604.20,
1755	Florida Statutes, are amended to read:
1756	604.20  Bond or certificate of deposit prerequisite;
1757	amount; form.--
1758	(1)  Before any license is issued, the applicant therefor
1759	shall make and deliver to the department a surety bond or
1760	certificate of deposit in the amount of at least $5,000 or in
1761	such greater amount as the department may determine. No bond or
1762	certificate of deposit may be in an amount less than $5,000. The
1763	penal sum of the bond or certificate of deposit to be furnished
1764	to the department by an applicant for license as a dealer in
1765	agricultural products shall be in an amount equal to twice the
1766	average of the monthly dollar amounts amount of agricultural
1767	products handled for a Florida producer or a producer's agent or
1768	representative, by purchase or otherwise, during the month of
1769	maximum transaction in such products during the preceding 12-
1770	month period. Only those months in which the applicant handled,
1771	by purchase or otherwise, amounts equal to or greater than
1772	$1,000 shall be used to calculate the penal sum of the required
1773	bond or certificate of deposit. An applicant for license who has
1774	not handled agricultural products for a Florida producer or a
1775	producer's agent or representative, by purchase or otherwise,
1776	during the preceding 12-month period shall furnish a bond or
1777	certificate of deposit in an amount equal to twice the estimated
1778	average of the monthly dollar amounts amount of such
1779	agricultural products to be handled, by purchase or otherwise,
1780	during the month of maximum transaction during the next
1781	immediate 12 months. Only those months in which the applicant
1782	anticipates handling, by purchase or otherwise, amounts equal to
1783	or greater than $1,000 shall be used to calculate the penal sum
1784	of the required bond or certificate of deposit. Such bond or
1785	certificate of deposit shall be provided or assigned in the
1786	exact name in which the dealer will conduct business subject to
1787	the provisions of ss. 604.15-604.34. Such bond must be executed
1788	by a surety company authorized to transact business in the
1789	state. For the purposes of ss. 604.19-604.21, the term
1790	"certificate of deposit" means a certificate of deposit at any
1791	recognized financial institution doing business in the United
1792	States. No certificate of deposit may be accepted in connection
1793	with an application for a dealer's license unless the issuing
1794	institution is properly insured by either the Federal Deposit
1795	Insurance Corporation or the Federal Savings and Loan Insurance
1796	Corporation. Such bond or any certificate of deposit assignment
1797	or agreement shall be upon a form prescribed or approved by the
1798	department and shall be conditioned to secure the faithful
1799	accounting for and payment, in the manner prescribed by s.
1800	604.21(9), to producers or their agents or representatives of
1801	the proceeds of all agricultural products handled or purchased
1802	by such dealer, and to secure payment to dealers who sell
1803	agricultural products to such dealer, and to pay any claims or
1804	costs ordered under s. 604.21 as the result of a complaint. Such
1805	bond or certificate of deposit assignment or agreement shall
1806	include terms binding the instrument to the Commissioner of
1807	Agriculture. A certificate of deposit shall be presented with an
1808	assignment of applicant's rights in the certificate in favor of
1809	the Commissioner of Agriculture on a form prescribed by the
1810	department and with a letter from the issuing institution
1811	acknowledging that the assignment has been properly recorded on
1812	the books of the issuing institution and will be honored by the
1813	issuing institution. Such assignment shall be irrevocable while
1814	the dealer's license is in effect and for an additional period
1815	of 6 months after the termination or expiration of the dealer's
1816	license, provided no complaint is pending against the licensee.
1817	If a complaint is pending, the assignment shall remain in effect
1818	until all actions on the complaint have been finalized. The
1819	certificate of deposit may be released by the assignee of the
1820	financial institution to the licensee or the licensee's
1821	successors, assignee, or heirs if no claims are pending against
1822	the licensee before the department at the conclusion of 6 months
1823	after the last effective date of the license. No certificate of
1824	deposit shall be accepted that contains any provision that would
1825	give the issuing institution any prior rights or claim on the
1826	proceeds or principal of such certificate of deposit. The
1827	department shall determine by rule the maximum amount of bond or
1828	certificate of deposit required of a dealer and whether an
1829	annual bond or certificate of deposit will be required.
1830	(4)  The department may issue a conditional license to an
1831	applicant who is unable to provide a single bond or certificate
1832	of deposit in the full amount required by the calculation in
1833	subsection (1). The conditional license shall remain in effect
1834	for a 1-year period to coincide with the effective period of the
1835	bond or certificate of deposit furnished by the applicant. The
1836	applicant must provide at least the minimum $5,000 bond or
1837	certificate of deposit as provided in subsection (1) together
1838	with documentation from each of three separate bonding companies
1839	denying the applicants request for a surety bond in the full
1840	amount required in subsection (1) and one of the following:
1841	(a)  A notarized affidavit limiting the handling of
1842	agricultural products, by purchase or otherwise, during their
1843	largest month to a minimum of one-half the amount of the bond or
1844	certificate of deposit provided by the applicant;
1845	(b)  A notarized affidavit stating that any subject
1846	agricultural products, handled by purchase or otherwise,
1847	exceeding one-half of the amount of the bond or certificate of
1848	deposit will be handled under the exemption provisions set forth
1849	in s. 604.16(2); or
1850	(c)  A second bond or certificate of deposit in such an
1851	amount that, when the penal sum of the second bond or
1852	certificate of deposit is added to the penal sum of the first
1853	bond or certificate of deposit, the combined penal sum will
1854	equal twice the dollar amount of agricultural products handled
1855	for a Florida producer or a producer's agent or representative,
1856	by purchase or otherwise, during the month of maximum
1857	transaction in such products during the preceding 12-month
1858	period.
1859
1860	The department or its agents may require from any licensee who
1861	is issued a conditional license verified statements of the
1862	volume of the licensee's business or may review the licensee's
1863	records at the licensee's place of business during normal
1864	business hours to determine the licensee's adherence to the
1865	conditions of the license. The failure of a licensee to furnish
1866	such statement or to make such records available shall be cause
1867	for suspension of the licensee's conditional license. If the
1868	department finds such failure to be willful, the conditional
1869	license may be revoked.
1870	Section 59.  Section 604.25, Florida Statutes, is amended
1871	to read:
1872	604.25  Denial of, refusal to renew grant, or suspension or
1873	revocation of, license.--
1874	(1)  The department may deny, refuse to renew, decline to
1875	grant a license or may suspend or revoke a license already
1876	granted if the applicant or licensee has:
1877	(1)(a)  Suffered a monetary judgment entered against the
1878	applicant or licensee upon which is execution has been returned
1879	unsatisfied;
1880	(2)(b)  Made false charges for handling or services
1881	rendered;
1882	(3)(c)  Failed to account promptly and properly or to make
1883	settlements with any producer;
1884	(4)(d)  Made any false statement or statements as to
1885	condition, quality, or quantity of goods received or held for
1886	sale when the true condition, quality, or quantity could have
1887	been ascertained by reasonable inspection;
1888	(5)(e)  Made any false or misleading statement or
1889	statements as to market conditions or service rendered;
1890	(6)(f)  Been guilty of a fraud in the attempt to procure,
1891	or the procurement of, a license;
1892	(7)(g)  Directly or indirectly sold agricultural products
1893	received on consignment or on a net return basis for her or his
1894	own account, without prior authority from the producer
1895	consigning the same, or without notifying such producer;
1896	(8)(h)  Failed to prevent a person from holding a position
1897	as the applicant's or licensee's owner, officer, director,
1898	general or managing partner, or employee Employed in a
1899	responsible position a person, or holding any other similarly
1900	situated position, if the person holds or has held a similar
1901	position with any entity that an officer of a corporation, who
1902	has failed to fully comply with an order of the department, has
1903	not satisfied a civil judgment held by the department, has
1904	pending any administrative or civil enforcement action by the
1905	department, or has pending any criminal charges pursuant to s.
1906	604.30 at any time within 1 year after issuance;
1907	(9)(i)  Violated any statute or rule relating to the
1908	purchase or sale of any agricultural product, whether or not
1909	such transaction is subject to the provisions of this chapter;
1910	or
1911	(10)(j)  Failed to submit to the department an application,
1912	appropriate license fees, and an acceptable surety bond or
1913	certificate of deposit; or.
1914	(11)(2)  Failed If a licensee fails or refused refuses to
1915	comply in full with an order of the department or failed to
1916	satisfy a civil judgment owed to the department, her or his
1917	license may be suspended or revoked, in which case she or he
1918	shall not be eligible for license for a period of 1 year or
1919	until she or he has fully complied with the order of the
1920	department.
1921	(3)  No person, or officer of a corporation, whose license
1922	has been suspended or revoked for failure to comply with an
1923	order of the department may hold a responsible position with a
1924	licensee for a period of 1 year or until the order of the
1925	department has been fully complied with.
1926	Section 60.  Subsections (18) and (19) of section 616.242,
1927	Florida Statutes, are renumbered as subsections (19) and (20),
1928	respectively, and a new subsection (18) is added to that section
1929	to read:
1930	616.242  Safety standards for amusement rides.--
1931	(18)  STOP-OPERATION ORDERS.--If an owner or amusement ride
1932	fails to comply with this chapter or any rule adopted under this
1933	chapter, the department may issue a stop-operation order.
1934	Section 61.  Subsection (4) of section 686.201, Florida
1935	Statutes, is amended to read:
1936	686.201  Sales representative contracts involving
1937	commissions; requirements; termination of agreement; civil
1938	remedies.--
1939	(4)  This section does not apply to persons licensed
1940	pursuant to chapter 475 who are performing services within the
1941	scope of their license or to contracts to which a seller of
1942	travel as defined in s. 559.927 is a party.
1943	Section 62.  Paragraph (c) of subsection (5) of section
1944	790.06, Florida Statutes, is amended to read:
1945	790.06  License to carry concealed weapon or firearm.--
1946	(5)  The applicant shall submit to the Department of
1947	Agriculture and Consumer Services:
1948	(c)  A full set of fingerprints of the applicant
1949	administered by a law enforcement agency or the Division of
1950	Licensing of the Department of Agriculture and Consumer
1951	Services.
1952	Section 63.  Sections 570.071 and 570.901, Florida
1953	Statutes, are repealed.
1954
1955	-----------------------------------------------------
1956	T I T L E  A M E N D M E N T
1957	Remove line 2 and insert:
1958	An act relating to the Department of Agriculture and
1959	Consumer Services; amending s. 482.021, F.S.; revising
1960	terminology to modify requirements for supervision
1961	provided by certified operators in charge of pest control
1962	businesses; amending s. 482.051, F.S.; requiring pest
1963	control licensees to perform inspections before issuing
1964	certain contracts; amending s. 482.071, F.S.; increasing
1965	the financial responsibility requirements for pest control
1966	licensees; creating s. 482.072, F.S.; requiring pest
1967	control service center licenses; providing license
1968	application requirements and procedures; providing for
1969	expiration and renewal of licenses; establishing license
1970	fees; exempting pest control service center employees from
1971	identification card requirements except under certain
1972	circumstances; requiring recordkeeping and monitoring of
1973	service center operations; authorizing disciplinary action
1974	against pest control licensees for violations committed by
1975	service center employees; amending s. 482.152, F.S.;
1976	revising duties and supervisory requirements of certified
1977	operators in charge of pest control businesses; creating
1978	s. 482.157, F.S.; providing for pest control certification
1979	of commercial wildlife management personnel; providing
1980	application procedures and requirements; requiring a
1981	certification examination; establishing certification
1982	fees; amending s. 482.226, F.S.; increasing the financial
1983	responsibility requirements for certain pest control
1984	licensees; amending s. 493.6102, F.S.; specifying that
1985	provisions regulating security officers do not apply to
1986	certain officers performing off-duty activities; amending
1987	s. 493.6105, F.S.; revising application requirements and
1988	procedures for private investigator, security officer, or
1989	recovery agent licenses; specifying application
1990	requirements for firearms instructor license; amending s.
1991	493.6106, F.S.; revising citizenship requirements and
1992	documentation for private investigator, security officer,
1993	and recovery agent licenses; prohibiting the licensure of
1994	applicants for a statewide firearm license or firearms
1995	instructor license who are prohibited from purchasing or
1996	possessing firearms; requiring notice of changes to branch
1997	office locations for private investigative, security, or
1998	recovery agencies; amending s. 493.6107, F.S.; requiring
1999	the department to accept certain methods of payment for
2000	certain fees; amending s. 493.6108, F.S.; revising
2001	requirements for criminal history checks of license
2002	applicants whose fingerprints are not legible; requiring
2003	investigation of the mental and emotional fitness of
2004	applicants for firearms instructor licenses; amending s.
2005	493.6111, F.S.; requiring a security officer school or
2006	recovery agent school to obtain the department's approval
2007	for use of a fictitious name; amending s. 493.6113, F.S.;
2008	revising application renewal procedures and requirements;
2009	amending s. 493.6115, F.S.; conforming cross-references;
2010	amending s. 493.6118, F.S.; authorizing disciplinary
2011	action against statewide firearm licensees and firearms
2012	instructor licensees who are prohibited from purchasing or
2013	possessing firearms; amending s. 493.6121, F.S.; deleting
2014	provisions for the department's access to certain criminal
2015	history records provided to licensed gun dealers,
2016	manufactures, and exporters; amending s. 493.6202, F.S.;
2017	requiring the department to accept certain methods of
2018	payment for certain fees; amending s. 493.6203, F.S.;
2019	prohibiting bodyguard services from being credited toward
2020	certain license requirements; revising training
2021	requirements for private investigator intern license
2022	applicants; amending s. 493.6302, F.S.; requiring the
2023	department to accept certain methods of payment for
2024	certain fees; amending s. 493.6303, F.S.; revising the
2025	training requirements for security officer license
2026	applicants; amending s. 493.6304, F.S.; revising
2027	application requirements and procedures for security
2028	officer school licenses; amending s. 493.6401, F.S.;
2029	revising terminology for recovery agent schools and
2030	training facilities; amending s. 493.6402, F.S.; revising
2031	terminology for recovery agent schools and training
2032	facilities; requiring the department to accept certain
2033	methods of payment for certain fees; amending s. 493.6406,
2034	F.S.; requiring recovery agent school and instructor
2035	licenses; providing license application requirements and
2036	procedures; amending ss. 501.605 and 501.607, F.S.;
2037	revising application requirements for commercial telephone
2038	seller and salesperson licenses; amending s. 501.913,
2039	F.S.; specifying the sample size required for antifreeze
2040	registration application; amending s. 525.01, F.S.;
2041	revising requirements for petroleum fuel affidavits;
2042	amending s. 525.09, F.S.; imposing an inspection fee on
2043	certain alternative fuels containing alcohol; amending s.
2044	526.50, F.S.; defining terms applicable to regulation of
2045	the sale of brake fluid; amending s. 526.51, F.S.;
2046	revising brake fluid permit application requirements;
2047	deleting permit renewal requirements; providing for
2048	reregistration of brake fluid and establishing fees;
2049	amending s. 526.52, F.S.; revising requirements for
2050	printed statements on brake fluid containers; amending s.
2051	526.53, F.S.; revising requirements and procedures for
2052	brake fluid stop-sale orders; authorizing businesses to
2053	dispose of unregistered brake fluid under certain
2054	circumstances; amending s. 527.02, F.S.; increasing fees
2055	for liquefied petroleum gas licenses; revising fees for
2056	pipeline system operators; amending s. 527.0201, F.S.;
2057	revising requirements for liquefied petroleum gas
2058	qualifying examinations; increasing examination fees;
2059	increasing continuing education requirements for certain
2060	liquefied petroleum gas qualifiers; amending s. 527.021,
2061	F.S.; requiring the annual inspection of liquefied
2062	petroleum gas transport vehicles; increasing the
2063	inspection fee; amending s. 527.12, F.S.; providing for
2064	the issuance of certain stop orders; amending ss. 559.805
2065	and 559.928, F.S.; deleting requirements that lists of
2066	independent agents of sellers of business opportunities
2067	and the agents' registration affidavits include the
2068	agents' social security numbers; amending s. 570.0725,
2069	F.S.; revising provisions for public information about
2070	food banks and similar food recovery programs; authorizing
2071	the department to adopt rules; amending ss. 570.53 and
2072	570.54, F.S.; conforming cross-references; amending s.
2073	570.55, F.S.; revising requirements for identifying
2074	sellers or handlers of tropical or subtropical fruit or
2075	vegetables; amending s. 570.902, F.S.; conforming
2076	terminology to the repeal by the act of provisions
2077	establishing the Florida Agricultural Museum; amending s.
2078	570.903, F.S.; revising provisions for direct-support
2079	organizations for certain agricultural programs to conform
2080	to the repeal by the act of provisions establishing the
2081	Florida Agricultural Museum; deleting provisions for a
2082	direct-support organization for the Florida State
2083	Collection of Arthropods; amending s. 573.118, F.S.;
2084	requiring the department to maintain records of marketing
2085	orders; requiring an audit at the request of an advisory
2086	council; requiring that the advisory council receive a
2087	copy of the audit within a specified time; amending s.
2088	581.011, F.S.; deleting terminology relating to the
2089	Florida State Collection of Arthropods; revising the term
2090	"nursery" for purposes of plant industry regulations;
2091	amending s. 581.031, F.S.; increasing citrus source tree
2092	registration fees; amending s. 581.131, F.S.; increasing
2093	registration fees for a nurseryman, stock dealer, agent,
2094	or plant broker certificate; amending s. 581.211, F.S.;
2095	increasing the maximum fine for violations of plant
2096	industry regulations; amending s. 583.13, F.S.; deleting a
2097	prohibition on the sale of poultry without displaying the
2098	poultry grade; amending s. 590.125, F.S.; revising
2099	terminology for open burning authorizations; specifying
2100	purposes of certified prescribed burning; requiring the
2101	authorization of the Division of Forestry for certified
2102	pile burning; providing pile burning requirements;
2103	limiting the liability of property owners or agents
2104	engaged in pile burning; providing for the certification
2105	of pile burners; providing penalties for violations by
2106	certified pile burners; requiring rules; revising notice
2107	requirements for wildfire hazard reduction treatments;
2108	providing for approval of local government open burning
2109	authorization programs; providing program requirements;
2110	authorizing the division to close local government
2111	programs under certain circumstances; providing penalties
2112	for violations of local government open burning
2113	requirements; amending s. 590.14, F.S.; authorizing fines
2114	for violations of any division rule; providing penalties
2115	for certain violations; providing legislative intent;
2116	amending s. 599.004, F.S.; revising standards that a
2117	winery must meet to qualify as a certified Florida Farm
2118	Winery; amending s. 604.15, F.S.; defining the term
2119	"responsible position" for purposes of provisions
2120	regulating dealers in agricultural products; amending s.
2121	604.19, F.S.; revising requirements for late fees on
2122	agricultural products dealer applications; amending s.
2123	604.20, F.S.; revising the minimum amount of the surety
2124	bond or certificate of deposit required for agricultural
2125	products dealer licenses; providing conditions for the
2126	payment of bond or certificate of deposit proceeds;
2127	requiring additional documentation for issuance of a
2128	conditional license; amending s. 604.25, F.S.; revising
2129	conditions under which the department may deny, refuse to
2130	renew, suspend, or revoke agricultural products dealer
2131	licenses; deleting a provision prohibiting certain persons
2132	from holding a responsible position with a licensee;
2133	amending s. 616.242, F.S.; amending s. 686.201, F.S.;
2134	exempting contracts involving a seller of travel from the
2135	requirements of that section; authorizing the issuance of
2136	stop-operation orders for amusement rides under certain
2137	circumstances; amending s. 790.06, F.S.; authorizing a
2138	concealed firearm license applicant to submit fingerprints
2139	administered by the Division of Licensing; repealing ss.
2140	570.071 and 570.901, F.S., relating to the Florida
2141	Agricultural Exposition and the Florida Agricultural
2142	Museum; amending s. 205.064, F.S.;

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