Amendment
Bill No. CS/CS/HB 1241

Amendment No. 587381

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.  Section 482.163, Florida Statutes, is amended
211	to read:
212	482.163  Responsibility for pest control activities of
213	employee.--Proper performance of pest control activities by a
214	pest control business employee is the responsibility not only of
215	the employee but also of the licensee and the certified operator
216	in charge, and the licensee and certified operator in charge may
217	be subject to disciplinary action under disciplined pursuant to
218	the provisions of s. 482.161 for the pest control activities of
219	an employee unless the employee acts outside of the course and
220	scope of his or her employment or the employee disobeys employer
221	policies that the licensee and certified operator in charge
222	regularly and consistently enforce. If an administrative action
223	resulting from an inspection or investigation is initiated
224	against an employee of the licensee, the department shall notify
225	the licensee and certified operator in charge so that corrective
226	action may be taken. A licensee may not automatically be
227	considered responsible for violations made by an employee.
228	However, the licensee may not knowingly encourage, aid, or abet
229	violations of this chapter.
230	Section 8.  Subsection (6) of section 482.226, Florida
231	Statutes, is amended to read:
232	482.226  Wood-destroying organism inspection report; notice
233	of inspection or treatment; financial responsibility.--
234	(6)  Any licensee that performs wood-destroying organism
235	inspections in accordance with subsection (1) must meet minimum
236	financial responsibility in the form of errors and omissions
237	(professional liability) insurance coverage or bond in an amount
238	no less than $250,000 $50,000 in the aggregate and $25,000 per
239	occurrence, or demonstrate that the licensee has equity or net
240	worth of no less than $500,000 $100,000 as determined by
241	generally accepted accounting principles substantiated by a
242	certified public accountant's review or certified audit. The
243	licensee must show proof of meeting this requirement at the time
244	of license application or renewal thereof.
245	Section 9.  Subsection (1) of section 493.6102, Florida
246	Statutes, is amended to read:
247	493.6102  Inapplicability of this chapter.--This chapter
248	shall not apply to:
249	(1)  Any individual who is an "officer" as defined in s.
250	943.10(14), or is a law enforcement officer of the United States
251	Government, while the such local, state, or federal officer is
252	engaged in her or his official duties or, if approved by the
253	officer's supervisors, when performing off-duty activities as a
254	security officer activities approved by her or his superiors.
255	Section 10.  Section 493.6105, Florida Statutes, is amended
256	to read:
257	493.6105  Initial application for license.--
258	(1)  Each individual, partner, or principal officer in a
259	corporation, shall file with the department a complete
260	application accompanied by an application fee not to exceed $60,
261	except that the applicant for a Class "D" or Class "G" license
262	shall not be required to submit an application fee. The
263	application fee shall not be refundable.
264	(a)  The application submitted by any individual, partner,
265	or corporate officer shall be approved by the department prior
266	to that individual, partner, or corporate officer assuming his
267	or her duties.
268	(b)  Individuals who invest in the ownership of a licensed
269	agency, but do not participate in, direct, or control the
270	operations of the agency shall not be required to file an
271	application.
272	(2)  Each application shall be signed and verified by the
273	individual under oath as provided in s. 92.525 and shall be
274	notarized.
275	(3)  The application shall contain the following
276	information concerning the individual signing same:
277	(a)  Name and any aliases.
278	(b)  Age and date of birth.
279	(c)  Place of birth.
280	(d)  Social security number or alien registration number,
281	whichever is applicable.
282	(e)  Present residence address and his or her residence
283	addresses within the 5 years immediately preceding the
284	submission of the application.
285	(f)  Occupations held presently and within the 5 years
286	immediately preceding the submission of the application.
287	(f)(g)  A statement of all criminal convictions, findings
288	of guilt, and pleas of guilty or nolo contendere, regardless of
289	adjudication of guilt.
290	(g)  One passport-type color photograph taken within the 6
291	months immediately preceding submission of the application.
292	(h)  A statement whether he or she has ever been
293	adjudicated incompetent under chapter 744.
294	(i)  A statement whether he or she has ever been committed
295	to a mental institution under chapter 394.
296	(j)  A full set of fingerprints on a card provided by the
297	department and a fingerprint fee to be established by rule of
298	the department based upon costs determined by state and federal
299	agency charges and department processing costs. An applicant who
300	has, within the immediately preceding 6 months, submitted a
301	fingerprint card and fee for licensing purposes under this
302	chapter shall not be required to submit another fingerprint card
303	or fee.
304	(k)  A personal inquiry waiver which allows the department
305	to conduct necessary investigations to satisfy the requirements
306	of this chapter.
307	(l)  Such further facts as may be required by the
308	department to show that the individual signing the application
309	is of good moral character and qualified by experience and
310	training to satisfy the requirements of this chapter.
311	(4)  In addition to the application requirements outlined
312	in subsection (3), the applicant for a Class "C," Class "CC,"
313	Class "E," Class "EE," or Class "G" license shall submit two
314	color photographs taken within the 6 months immediately
315	preceding the submission of the application, which meet
316	specifications prescribed by rule of the department. All other
317	applicants shall submit one photograph taken within the 6 months
318	immediately preceding the submission of the application.
319	(4)(5)  In addition to the application requirements
320	outlined under subsection (3), the applicant for a Class "C,"
321	Class "E," Class "M," Class "MA," Class "MB," or Class "MR"
322	license shall include a statement on a form provided by the
323	department of the experience which he or she believes will
324	qualify him or her for such license.
325	(5)(6)  In addition to the requirements outlined in
326	subsection (3), an applicant for a Class "G" license shall
327	satisfy minimum training criteria for firearms established by
328	rule of the department, which training criteria shall include,
329	but is not limited to, 28 hours of range and classroom training
330	taught and administered by a Class "K" licensee; however, no
331	more than 8 hours of such training shall consist of range
332	training. If the applicant can show proof that he or she is an
333	active law enforcement officer currently certified under the
334	Criminal Justice Standards and Training Commission or has
335	completed the training required for that certification within
336	the last 12 months, or if the applicant submits one of the
337	certificates specified in paragraph (6)(a) (7)(a), the
338	department may waive the foregoing firearms training
339	requirement.
340	(6)(7)  In addition to the requirements under subsection
341	(3), an applicant for a Class "K" license shall:
342	(a)  Submit one of the following certificates:
343	1.  The Florida Criminal Justice Standards and Training
344	Commission Firearms Instructor's Certificate and confirmation by
345	the commission that the applicant is authorized to provide
346	firearms instruction.
347	2.  The National Rifle Association Law Enforcement Police
348	Firearms Instructor's Certificate.
349	3.  The National Rifle Association Security Firearms
350	Instructor's Certificate.
351	3.4.  A firearms instructor's training certificate issued
352	by any branch of the United States Armed Forces, from a federal
353	law enforcement academy or agency, state, county, or municipal
354	police academy in this state recognized as such by the Criminal
355	Justice Standards and Training Commission or by the Department
356	of Education.
357	(b)  Pay the fee for and pass an examination administered
358	by the department which shall be based upon, but is not
359	necessarily limited to, a firearms instruction manual provided
360	by the department.
361	(7)(8)  In addition to the application requirements for
362	individuals, partners, or officers outlined under subsection
363	(3), the application for an agency license shall contain the
364	following information:
365	(a)  The proposed name under which the agency intends to
366	operate.
367	(b)  The street address, mailing address, and telephone
368	numbers of the principal location at which business is to be
369	conducted in this state.
370	(c)  The street address, mailing address, and telephone
371	numbers of all branch offices within this state.
372	(d)  The names and titles of all partners or, in the case
373	of a corporation, the names and titles of its principal
374	officers.
375	(8)(9)  Upon submission of a complete application, a Class
376	"CC," Class "C," Class "D," Class "EE," Class "E," Class "M,"
377	Class "MA," Class "MB," or Class "MR" applicant may commence
378	employment or appropriate duties for a licensed agency or branch
379	office. However, the Class "C" or Class "E" applicant must work
380	under the direction and control of a sponsoring licensee while
381	his or her application is being processed. If the department
382	denies application for licensure, the employment of the
383	applicant must be terminated immediately, unless he or she
384	performs only unregulated duties.
385	Section 11.  Paragraph (f) of subsection (1) and paragraph
386	(a) of subsection (2) of section 493.6106, Florida Statutes, are
387	amended, and paragraph (g) is added to subsection (1) of that
388	section, to read:
389	493.6106  License requirements; posting.--
390	(1)  Each individual licensed by the department must:
391	(f)  Be a citizen or permanent legal resident alien of the
392	United States or have appropriate been granted authorization
393	issued to seek employment in this country by the United States
394	Bureau of Citizenship and Immigration Services of the United
395	States Department of Homeland Security.
396	1.  An applicant for a Class "C," Class "CC," Class "D,"
397	Class "DI," Class "E," Class "EE," Class "M," Class "MA," Class
398	"MB," Class "MR," or Class "RI" license who is not a United
399	States citizen must submit proof of current employment
400	authorization issued by the United States Bureau of Citizenship
401	and Immigration Services or proof that she or he is deemed a
402	permanent legal resident alien by the United States Bureau of
403	Citizenship and Immigration Services.
404	2.  An applicant for a Class "G" or Class "K" license who
405	is not a United States citizen must submit proof that she or he
406	is deemed a permanent legal resident alien by the United States
407	Bureau of Citizenship and Immigration Services, together with
408	additional documentation establishing that she or he has resided
409	in the state of residence shown on the application for at least
410	90 consecutive days before the date that the application is
411	submitted.
412	3.  An applicant for an agency or school license who is not
413	a United States citizen or permanent legal resident alien must
414	submit documentation issued by the United States Bureau of
415	Citizenship and Immigration Services stating that she or he is
416	lawfully in the United States and is authorized to own and
417	operate the type of agency or school for which she or he is
418	applying. An employment authorization card issued by the United
419	States Bureau of Citizenship and Immigration Services is not
420	sufficient documentation.
421	(g)  Not be prohibited from purchasing or possessing a
422	firearm by state or federal law if the individual is applying
423	for a Class "G" license or a Class "K" license.
424	(2)  Each agency shall have a minimum of one physical
425	location within this state from which the normal business of the
426	agency is conducted, and this location shall be considered the
427	primary office for that agency in this state.
428	(a)  If an agency or branch office desires to change the
429	physical location of the business, as it appears on the agency
430	license, the department must be notified within 10 days of the
431	change, and, except upon renewal, the fee prescribed in s.
432	493.6107 must be submitted for each license requiring revision.
433	Each license requiring revision must be returned with such
434	notification.
435	Section 12.  Subsection (3) of section 493.6107, Florida
436	Statutes, is amended to read:
437	493.6107  Fees.--
438	(3)  The fees set forth in this section must be paid by
439	certified check or money order or, at the discretion of the
440	department, by agency check at the time the application is
441	approved, except that the applicant for a Class "G" or Class "M"
442	license must pay the license fee at the time the application is
443	made. If a license is revoked or denied or if the application is
444	withdrawn, the license fee shall not be refunded.
445	Section 13.  Paragraph (a) of subsection (1) and subsection
446	(3) of section 493.6108, Florida Statutes, are amended to read:
447	493.6108  Investigation of applicants by Department of
448	Agriculture and Consumer Services.--
449	(1)  Except as otherwise provided, prior to the issuance of
450	a license under this chapter, the department shall make an
451	investigation of the applicant for a license. The investigation
452	shall include:
453	(a)1.  An examination of fingerprint records and police
454	records. When a criminal history analysis of any applicant under
455	this chapter is performed by means of fingerprint card
456	identification, the time limitations prescribed by s. 120.60(1)
457	shall be tolled during the time the applicant's fingerprint card
458	is under review by the Department of Law Enforcement or the
459	United States Department of Justice, Federal Bureau of
460	Investigation.
461	2.  If a legible set of fingerprints, as determined by the
462	Department of Law Enforcement or the Federal Bureau of
463	Investigation, cannot be obtained after two attempts, the
464	Department of Agriculture and Consumer Services may determine
465	the applicant's eligibility based upon a criminal history record
466	check under the applicant's name conducted by the Department of
467	Law Enforcement if the and the Federal Bureau of Investigation.
468	A set of fingerprints are taken by a law enforcement agency or
469	the department and the applicant submits a written statement
470	signed by the fingerprint technician or a licensed physician
471	stating that there is a physical condition that precludes
472	obtaining a legible set of fingerprints or that the fingerprints
473	taken are the best that can be obtained is sufficient to meet
474	this requirement.
475	(3)  The department shall also investigate the mental
476	history and current mental and emotional fitness of any Class
477	"G" or Class "K" applicant, and may deny a Class "G" or Class
478	"K" license to anyone who has a history of mental illness or
479	drug or alcohol abuse.
480	Section 14.  Subsection (4) of section 493.6111, Florida
481	Statutes, is amended to read:
482	493.6111  License; contents; identification card.--
483	(4)  Notwithstanding the existence of a valid Florida
484	corporate registration, an no agency or school licensee may not
485	conduct activities regulated under this chapter under any
486	fictitious name without prior written authorization from the
487	department to use that name in the conduct of activities
488	regulated under this chapter. The department may not authorize
489	the use of a name which is so similar to that of a public
490	officer or agency, or of that used by another licensee, that the
491	public may be confused or misled thereby. The authorization for
492	the use of a fictitious name shall require, as a condition
493	precedent to the use of such name, the filing of a certificate
494	of engaging in business under a fictitious name under s. 865.09.
495	A No licensee may not shall be permitted to conduct business
496	under more than one fictitious name except as separately
497	licensed nor shall the license be valid to protect any licensee
498	who is engaged in the business under any name other than that
499	specified in the license. An agency desiring to change its
500	licensed name shall notify the department and, except upon
501	renewal, pay a fee not to exceed $30 for each license requiring
502	revision including those of all licensed employees except Class
503	"D" or Class "G" licensees. Upon the return of such licenses to
504	the department, revised licenses shall be provided.
505	Section 15.  Subsection (2) and paragraph (a) of subsection
506	(3) of section 493.6113, Florida Statutes, are amended to read:
507	493.6113  Renewal application for licensure.--
508	(2)  At least No less than 90 days before prior to the
509	expiration date of the license, the department shall mail a
510	written notice to the last known mailing residence address of
511	the licensee for individual licensees and to the last known
512	agency address for agencies.
513	(3)  Each licensee shall be responsible for renewing his or
514	her license on or before its expiration by filing with the
515	department an application for renewal accompanied by payment of
516	the prescribed license fee.
517	(a)  Each Class "B" Class "A," Class "B," or Class "R"
518	licensee shall additionally submit on a form prescribed by the
519	department a certification of insurance which evidences that the
520	licensee maintains coverage as required under s. 493.6110.
521	Section 16.  Subsection (8), paragraph (d) of subsection
522	(12), and subsection (16) of section 493.6115, Florida Statutes,
523	are amended to read:
524	493.6115  Weapons and firearms.--
525	(8)  A Class "G" applicant must satisfy the minimum
526	training criteria as set forth in s. 493.6105(5)(6) and as
527	established by rule of the department.
528	(12)  The department may issue a temporary Class "G"
529	license, on a case-by-case basis, if:
530	(d)  The applicant has received approval from the
531	department subsequent to its conduct of a criminal history
532	record check as authorized in s. 493.6108(1)(a)1. 493.6121(6).
533	(16)  If the criminal history record check program
534	referenced in s. 493.6108(1)(a)1. 493.6121(6) is inoperable, the
535	department may issue a temporary "G" license on a case-by-case
536	basis, provided that the applicant has met all statutory
537	requirements for the issuance of a temporary "G" license as
538	specified in subsection (12), excepting the criminal history
539	record check stipulated there; provided, that the department
540	requires that the licensed employer of the applicant conduct a
541	criminal history record check of the applicant pursuant to
542	standards set forth in rule by the department, and provide to
543	the department an affidavit containing such information and
544	statements as required by the department, including a statement
545	that the criminal history record check did not indicate the
546	existence of any criminal history that would prohibit licensure.
547	Failure to properly conduct such a check, or knowingly providing
548	incorrect or misleading information or statements in the
549	affidavit shall constitute grounds for disciplinary action
550	against the licensed agency, including revocation of license.
551	Section 17.  Paragraph (u) of subsection (1) of section
552	493.6118, Florida Statutes, is redesignated as paragraph (v),
553	and a new paragraph (u) is added to that subsection to read:
554	493.6118  Grounds for disciplinary action.--
555	(1)  The following constitute grounds for which
556	disciplinary action specified in subsection (2) may be taken by
557	the department against any licensee, agency, or applicant
558	regulated by this chapter, or any unlicensed person engaged in
559	activities regulated under this chapter.
560	(u)  For a Class "G" or a Class "K" applicant or licensee,
561	being prohibited from purchasing or possessing a firearm by
562	state or federal law.
563	Section 18.  Subsections (7) and (8) of section 493.6121,
564	Florida Statutes, are renumbered as subsections (6) and (7),
565	respectively, and present subsection (6) of that section is
566	amended, to read:
567	493.6121  Enforcement; investigation.--
568	(6)  The department shall be provided access to the program
569	that is operated by the Department of Law Enforcement, pursuant
570	to s. 790.065, for providing criminal history record information
571	to licensed gun dealers, manufacturers, and exporters. The
572	department may make inquiries, and shall receive responses in
573	the same fashion as provided under s. 790.065. The department
574	shall be responsible for payment to the Department of Law
575	Enforcement of the same fees as charged to others afforded
576	access to the program.
577	Section 19.  Subsection (3) of section 493.6202, Florida
578	Statutes, is amended to read:
579	493.6202  Fees.--
580	(3)  The fees set forth in this section must be paid by
581	certified check or money order or, at the discretion of the
582	department, by agency check at the time the application is
583	approved, except that the applicant for a Class "G," Class "C,"
584	Class "CC," Class "M," or Class "MA" license must pay the
585	license fee at the time the application is made. If a license is
586	revoked or denied or if the application is withdrawn, the
587	license fee shall not be refunded.
588	Section 20.  Subsections (2), (4), and (6) of section
589	493.6203, Florida Statutes, are amended to read:
590	493.6203  License requirements.--In addition to the license
591	requirements set forth elsewhere in this chapter, each
592	individual or agency shall comply with the following additional
593	requirements:
594	(2)  An applicant for a Class "MA" license shall have 2
595	years of lawfully gained, verifiable, full-time experience, or
596	training in:
597	(a)  Private investigative work or related fields of work
598	that provided equivalent experience or training;
599	(b)  Work as a Class "CC" licensed intern;
600	(c)  Any combination of paragraphs (a) and (b);
601	(d)  Experience described in paragraph (a) for 1 year and
602	experience described in paragraph (e) for 1 year;
603	(e)  No more than 1 year using:
604	1.  College coursework related to criminal justice,
605	criminology, or law enforcement administration; or
606	2.  Successfully completed law enforcement-related training
607	received from any federal, state, county, or municipal agency;
608	or
609	(f)  Experience described in paragraph (a) for 1 year and
610	work in a managerial or supervisory capacity for 1 year.
611
612	However, experience in performing bodyguard services is not
613	creditable toward the requirements of this subsection.
614	(4)  An applicant for a Class "C" license shall have 2
615	years of lawfully gained, verifiable, full-time experience, or
616	training in one, or a combination of more than one, of the
617	following:
618	(a)  Private investigative work or related fields of work
619	that provided equivalent experience or training.
620	(b)  College coursework related to criminal justice,
621	criminology, or law enforcement administration, or successful
622	completion of any law enforcement-related training received from
623	any federal, state, county, or municipal agency, except that no
624	more than 1 year may be used from this category.
625	(c)  Work as a Class "CC" licensed intern.
626
627	However, experience in performing bodyguard services is not
628	creditable toward the requirements of this subsection.
629	(6)(a)  A Class "CC" licensee shall serve an internship
630	under the direction and control of a designated sponsor, who is
631	a Class "C," Class "MA," or Class "M" licensee.
632	(b)  Effective July 1, 2009 September 1, 2008, before
633	submission of an application to the department, the an applicant
634	for a Class "CC" license must have completed a minimum of 40 at
635	least 24 hours of professional training a 40-hour course
636	pertaining to general investigative techniques and this chapter,
637	which course is offered by a state university or by a school,
638	community college, college, or university under the purview of
639	the Department of Education, and the applicant must pass an
640	examination. The training must be provided in two parts, one 24-
641	hour course and one 16-hour course. The certificate evidencing
642	satisfactory completion of the 40 at least 24 hours of
643	professional training a 40-hour course must be submitted with
644	the application for a Class "CC" license. The remaining 16 hours
645	must be completed and an examination passed within 180 days. If
646	documentation of completion of the required training is not
647	submitted within the specified timeframe, the individual's
648	license is automatically suspended or his or her authority to
649	work as a Class "CC" pursuant to s. 493.6105(9) is rescinded
650	until such time as proof of certificate of completion is
651	provided to the department. The training course specified in
652	this paragraph may be provided by face-to-face presentation,
653	online technology, or a home study course in accordance with
654	rules and procedures of the Department of Education. The
655	administrator of the examination must verify the identity of
656	each applicant taking the examination.
657	1.  Upon an applicant's successful completion of each part
658	of the approved training course and passage of any required
659	examination, the school, community college, college, or
660	university shall issue a certificate of completion to the
661	applicant. The certificates must be on a form established by
662	rule of the department.
663	2.  The department shall establish by rule the general
664	content of the professional training course and the examination
665	criteria.
666	3.  If the license of an applicant for relicensure is has
667	been invalid for more than 1 year, the applicant must complete
668	the required training and pass any required examination.
669	(c)  An individual who submits an application for a Class
670	"CC" license on or after September 1, 2008, through June 30,
671	2009, who has not completed the 16-hour course must submit proof
672	of successful completion of the course within 180 days after the
673	date the application is submitted. If documentation of
674	completion of the required training is not submitted by that
675	date, the individual's license is automatically suspended until
676	proof of the required training is submitted to the department.
677	An individual licensed on or before August 31, 2008, is not
678	required to complete additional training hours in order to renew
679	an active license beyond the required total amount of training,
680	and within the timeframe, in effect at the time he or she was
681	licensed.
682	Section 21.  Subsection (3) of section 493.6302, Florida
683	Statutes, is amended to read:
684	493.6302  Fees.--
685	(3)  The fees set forth in this section must be paid by
686	certified check or money order or, at the discretion of the
687	department, by agency check at the time the application is
688	approved, except that the applicant for a Class "D," Class "G,"
689	Class "M," or Class "MB" license must pay the license fee at the
690	time the application is made. If a license is revoked or denied
691	or if the application is withdrawn, the license fee shall not be
692	refunded.
693	Section 22.  Subsection (4) of section 493.6303, Florida
694	Statutes, is amended to read:
695	493.6303  License requirements.--In addition to the license
696	requirements set forth elsewhere in this chapter, each
697	individual or agency shall comply with the following additional
698	requirements:
699	(4)(a)  Effective July 1, 2009, an applicant for a Class
700	"D" license must submit proof of successful completion of
701	complete a minimum of 40 hours of professional training at a
702	school or training facility licensed by the department. The
703	training must be provided in two parts, one 24-hour course and
704	one 16-hour course. The department shall by rule establish the
705	general content and number of hours of each subject area to be
706	taught.
707	(b)  An individual who submits an application for a Class
708	"D" license on or after January 1, 2007, through June 30, 2009,
709	who has not completed the 16-hour course must submit proof of
710	successful completion of the course within 180 days after the
711	date the application is submitted. If documentation of
712	completion of the required training is not submitted by that
713	date, the individual's license is automatically suspended until
714	proof of the required training is submitted to the department.
715	This section does not require a person licensed before January
716	1, 2007, to complete additional training hours in order to renew
717	an active license beyond the required total amount of training
718	within the timeframe prescribed by law at the time he or she was
719	licensed. An applicant may fulfill the training requirement
720	prescribed in paragraph (a) by submitting proof of:
721	1.  Successful completion of the total number of required
722	hours of training before initial application for a Class "D"
723	license; or
724	2.  Successful completion of 24 hours of training before
725	initial application for a Class "D" license and successful
726	completion of the remaining 16 hours of training within 180 days
727	after the date that the application is submitted. If
728	documentation of completion of the required training is not
729	submitted within the specified timeframe, the individual's
730	license is automatically suspended until such time as proof of
731	the required training is provided to the department.
732	(c)  An individual However, any person whose license is
733	suspended or has been revoked, suspended pursuant to paragraph
734	(b) subparagraph 2., or is expired for at least 1 year, or
735	longer is considered, upon reapplication for a license, an
736	initial applicant and must submit proof of successful completion
737	of 40 hours of professional training at a school or training
738	facility licensed by the department as provided prescribed in
739	paragraph (a) before a license is will be issued. Any person
740	whose license was issued before January 1, 2007, and whose
741	license has been expired for less than 1 year must, upon
742	reapplication for a license, submit documentation of completion
743	of the total number of hours of training prescribed by law at
744	the time her or his initial license was issued before another
745	license will be issued. This subsection does not require an
746	individual licensed before January 1, 2007, to complete
747	additional training hours in order to renew an active license,
748	beyond the required total amount of training within the
749	timeframe prescribed by law at the time she or he was licensed.
750	Section 23.  Subsection (2) of section 493.6304, Florida
751	Statutes, is amended to read:
752	493.6304  Security officer school or training facility.--
753	(2)  The application shall be signed and verified by the
754	applicant under oath as provided in s. 92.525 notarized and
755	shall contain, at a minimum, the following information:
756	(a)  The name and address of the school or training
757	facility and, if the applicant is an individual, her or his
758	name, address, and social security or alien registration number.
759	(b)  The street address of the place at which the training
760	is to be conducted.
761	(c)  A copy of the training curriculum and final
762	examination to be administered.
763	Section 24.  Subsections (7) and (8) of section 493.6401,
764	Florida Statutes, are amended to read:
765	493.6401  Classes of licenses.--
766	(7)  Any person who operates a recovery agent repossessor
767	school or training facility or who conducts an Internet-based
768	training course or a correspondence training course must have a
769	Class "RS" license.
770	(8)  Any individual who teaches or instructs at a Class
771	"RS" recovery agent repossessor school or training facility
772	shall have a Class "RI" license.
773	Section 25.  Paragraphs (f) and (g) of subsection (1) and
774	subsection (3) of section 493.6402, Florida Statutes, are
775	amended to read:
776	493.6402  Fees.--
777	(1)  The department shall establish by rule biennial
778	license fees which shall not exceed the following:
779	(f)  Class "RS" license--recovery agent repossessor school
780	or training facility: $60.
781	(g)  Class "RI" license--recovery agent repossessor school
782	or training facility instructor: $60.
783	(3)  The fees set forth in this section must be paid by
784	certified check or money order, or, at the discretion of the
785	department, by agency check at the time the application is
786	approved, except that the applicant for a Class "E," Class "EE,"
787	or Class "MR" license must pay the license fee at the time the
788	application is made. If a license is revoked or denied, or if an
789	application is withdrawn, the license fee shall not be refunded.
790	Section 26.  Subsections (1) and (2) of section 493.6406,
791	Florida Statutes, are amended to read:
792	493.6406  Recovery agent Repossession services school or
793	training facility.--
794	(1)  Any school, training facility, or instructor who
795	offers the training outlined in s. 493.6403(2) for Class "E" or
796	Class "EE" applicants shall, before licensure of such school,
797	training facility, or instructor, file with the department an
798	application accompanied by an application fee in an amount to be
799	determined by rule, not to exceed $60. The fee shall not be
800	refundable. This training may be offered as face-to-face
801	training, Internet-based training, or correspondence training.
802	(2)  The application shall be signed and verified by the
803	applicant under oath as provided in s. 92.525 notarized and
804	shall contain, at a minimum, the following information:
805	(a)  The name and address of the school or training
806	facility and, if the applicant is an individual, his or her
807	name, address, and social security or alien registration number.
808	(b)  The street address of the place at which the training
809	is to be conducted or the street address of the Class "RS"
810	school offering Internet-based or correspondence training.
811	(c)  A copy of the training curriculum and final
812	examination to be administered.
813	Section 27.  Paragraph (a) of subsection (2) of section
814	501.605, Florida Statutes, is amended to read:
815	501.605  Licensure of commercial telephone sellers.--
816	(2)  An applicant for a license as a commercial telephone
817	seller must submit to the department, in such form as it
818	prescribes, a written application for the license. The
819	application must set forth the following information:
820	(a)  The true name, date of birth, driver's license number,
821	social security number, and home address of the applicant,
822	including each name under which he or she intends to do
823	business.
824
825	The application shall be accompanied by a copy of any: Script,
826	outline, or presentation the applicant will require or suggest a
827	salesperson to use when soliciting, or, if no such document is
828	used, a statement to that effect; sales information or
829	literature to be provided by the applicant to a salesperson; and
830	sales information or literature to be provided by the applicant
831	to a purchaser in connection with any solicitation.
832	Section 28.  Paragraph (a) of subsection (1) of section
833	501.607, Florida Statutes, is amended to read:
834	501.607  Licensure of salespersons.--
835	(1)  An applicant for a license as a salesperson must
836	submit to the department, in such form as it prescribes, a
837	written application for a license. The application must set
838	forth the following information:
839	(a)  The true name, date of birth, driver's license number,
840	social security number, and home address of the applicant.
841	Section 29.  Subsection (2) of section 501.913, Florida
842	Statutes, is amended to read:
843	501.913  Registration.--
844	(2)  The completed application shall be accompanied by:
845	(a)  Specimens or facsimiles of the label for each brand of
846	antifreeze;
847	(b)  An application fee of $200 for each brand; and
848	(c)  A properly labeled sample of at least 1 gallon, but
849	not more than 2 gallons, of each brand of antifreeze.
850	Section 30.  Subsection (2) of section 525.01, Florida
851	Statutes, is amended to read:
852	525.01  Gasoline and oil to be inspected.--
853	(2)  All petroleum fuels are shall be subject to inspection
854	and analysis by the department. Before selling or offering for
855	sale in this state any petroleum fuel, all manufacturers,
856	terminal suppliers, wholesalers, and importers as defined in s.
857	206.01 jobbers shall file with the department:
858	(a)  An affidavit that they desire to do business in this
859	state, and the name and address of the manufacturer of the
860	petroleum fuel.
861	(b)  An affidavit stating that the petroleum fuel is in
862	conformity with the standards prescribed by department rule.
863	Section 31.  Subsections (1) and (3) of section 525.09,
864	Florida Statutes, are amended to read:
865	525.09  Inspection fee.--
866	(1)  For the purpose of defraying the expenses incident to
867	inspecting, testing, and analyzing petroleum fuels in this
868	state, there shall be paid to the department a charge of one-
869	eighth cent per gallon on all gasoline, alternative fuel
870	containing alcohol as defined in s. 525.01(1)(c)1. or 2.,
871	kerosene (except when used as aviation turbine fuel), and #1
872	fuel oil for sale or use in this state. This inspection fee
873	shall be imposed in the same manner as the motor fuel tax
874	pursuant to s. 206.41. Payment shall be made on or before the
875	25th day of each month.
876	(3)  All remittances to the department for the inspection
877	tax herein provided shall be accompanied by a detailed report
878	under oath showing the number of gallons of gasoline,
879	alternative fuel containing alcohol as defined in s.
880	525.01(1)(c)1. and 2., kerosene, or fuel oil sold and delivered
881	in each county.
882	Section 32.  Section 526.50, Florida Statutes, is amended
883	to read:
884	526.50  Definition of terms.--As used in this part:
885	(1)  "Brake fluid" means the fluid intended for use as the
886	liquid medium through which force is transmitted in the
887	hydraulic brake system of a vehicle operated upon the highways.
888	(2)  "Brand" means the product name appearing on the label
889	of a container of brake fluid.
890	(3)(5)  "Container" means any receptacle in which brake
891	fluid is immediately contained when sold, but does not mean a
892	carton or wrapping in which a number of such receptacles are
893	shipped or stored or a tank car or truck.
894	(4)(2)  "Department" means the Department of Agriculture
895	and Consumer Services.
896	(5)  "Formula" means the name of the chemical mixture or
897	composition of the brake fluid product.
898	(6)(4)  "Labeling" includes all written, printed or graphic
899	representations, in any form whatsoever, imprinted upon or
900	affixed to any container of brake fluid.
901	(7)(6)  "Permit year" means a period of 12 months
902	commencing July 1 and ending on the next succeeding June 30.
903	(8)(7)  "Registrant" means any manufacturer, packer,
904	distributor, seller, or other person who has registered a brake
905	fluid with the department.
906	(9)(3)  "Sell" includes give, distribute, barter, exchange,
907	trade, keep for sale, offer for sale or expose for sale, in any
908	of their variant forms.
909	Section 33.  Section 526.51, Florida Statutes, is amended
910	to read:
911	526.51  Registration; renewal and fees; departmental
912	expenses; cancellation or refusal to issue or renew.--
913	(1)(a)  Application for registration of each brand of brake
914	fluid shall be made on forms to be supplied by the department.
915	The applicant shall give his or her name and address and the
916	brand name of the brake fluid, state that he or she owns the
917	brand name and has complete control over the product sold
918	thereunder in Florida, and provide the name and address of the
919	resident agent in Florida. If the applicant does not own the
920	brand name but wishes to register the product with the
921	department, a notarized affidavit that gives the applicant full
922	authorization to register the brand name and that is signed by
923	the owner of the brand name must accompany the application for
924	registration. The affidavit must include all affected brand
925	names, the owner's company or corporate name and address, the
926	applicant's company or corporate name and address, and a
927	statement from the owner authorizing the applicant to register
928	the product with the department. The owner of the brand name
929	shall maintain complete control over each product sold under
930	that brand name in this state. All first-time brand-formula
931	combination new product applications must be accompanied by a
932	certified report from an independent testing laboratory, setting
933	forth the analysis of the brake fluid which shall show its
934	quality to be not less than the specifications established by
935	the department for brake fluids. A sample of not less than 24
936	fluid ounces of brake fluid shall be submitted, in a container
937	or containers, with labels representing exactly how the
938	containers of brake fluid will be labeled when sold, and the
939	sample and container shall be analyzed and inspected by the
940	Division of Standards in order that compliance with the
941	department's specifications and labeling requirements may be
942	verified. Upon approval of the application, the department shall
943	register the brand name of the brake fluid and issue to the
944	applicant a permit authorizing the registrant to sell the brake
945	fluid in this state during the permit year specified in the
946	permit.
947	(b)  Each applicant shall pay a fee of $100 with each
948	application. An applicant seeking reregistration of a previously
949	registered brand-formula combination must submit a completed
950	application and all materials required under this subsection to
951	the department before the first day of the permit year. A brand-
952	formula combination for which a completed application and all
953	materials required under this subsection are not received before
954	the first day of the permit year ceases to be registered with
955	the department until a completed application and all materials
956	required under this subsection are received and approved. Any
957	fee, application, or materials received after the first day of
958	the permit year, if the brand-formula combination was previously
959	registered with the department, A permit may be renewed by
960	application to the department, accompanied by a renewal fee of
961	$50 on or before the last day of the permit year immediately
962	preceding the permit year for which application is made for
963	renewal of registration. To any fee not paid when due, there
964	shall accrue a penalty of $25, which shall be added to the
965	renewal fee. Renewals will be accepted only on brake fluids that
966	have no change in formula, composition, or brand name. Any
967	change in formula, composition, or brand name of any brake fluid
968	constitutes a new product that must be registered in accordance
969	with this part.
970	(2)  All fees collected under the provisions of this
971	section shall be credited to the General Inspection Trust Fund
972	of the department and all expenses incurred in the enforcement
973	of this part shall be paid from said fund.
974	(3)  The department may cancel or, refuse to issue or
975	refuse to renew any registration and permit after due notice and
976	opportunity to be heard if it finds that the brake fluid is
977	adulterated or misbranded or that the registrant has failed to
978	comply with the provisions of this part or the rules and
979	regulations promulgated thereunder.
980	Section 34.  Paragraph (a) of subsection (3) of section
981	526.52, Florida Statutes, is amended to read:
982	526.52  Specifications; adulteration and misbranding.--
983	(3)  Brake fluid is deemed to be misbranded:
984	(a)  If its container does not bear on its side or top a
985	label on which is printed the name and place of business of the
986	registrant of the product, the words "brake fluid," and a
987	statement that the product therein equals or exceeds the minimum
988	specification of the Society of Automotive Engineers for heavy-
989	duty-type brake fluid or equals or exceeds Federal Motor Vehicle
990	Safety Standard No. 116 adopted by the United States Department
991	of Transportation, heavy-duty-type. By regulation the department
992	may require that the duty-type classification appear on the
993	label.
994	Section 35.  Subsection (2) of section 526.53, Florida
995	Statutes, is amended to read:
996	526.53  Enforcement; inspection and analysis, stop-sale and
997	disposition, regulations.--
998	(2)(a)  When any brake fluid is sold in violation of any of
999	the provisions of this part, all such affected brake fluid of
1000	the same brand name on the same premises on which the violation
1001	occurred shall be placed under a stop-sale order by the
1002	department by serving the owner of the brand name, distributor,
1003	or other entity responsible for selling or distributing the
1004	product in the state with the stop-sale order. The department
1005	shall withdraw its stop-sale order upon the removal of the
1006	violation or upon voluntary destruction of the product, or other
1007	disposal approved by the department, under the supervision of
1008	the department.
1009	(b)  In addition to being subject to the stop-sale
1010	procedures above, unregistered brake fluid shall be held by the
1011	department or its representative, at a place to be designated in
1012	the stop-sale order, until properly registered and released in
1013	writing by the department or its representative. If application
1014	is has not been made for registration of the such product within
1015	30 days after issue of the stop-sale order, such product shall
1016	be disposed of by the department, or, with the department's
1017	consent, by the business, to any tax-supported institution or
1018	agency of the state if the brake fluid meets legal
1019	specifications or by other disposal authorized by rule of the
1020	department if it fails to meet legal specifications.
1021	Section 36.  Subsections (2) and (5) of section 527.02,
1022	Florida Statutes, are amended to read:
1023	527.02  License; penalty; fees.--
1024	(2)  Each business location of a person having multiple
1025	locations shall be separately licensed and must meet the
1026	requirements of this section. Such license shall be granted to
1027	any applicant determined by the department to be competent,
1028	qualified, and trustworthy who files with the department a
1029	surety bond, insurance affidavit, or other proof of insurance,
1030	as hereinafter specified, and pays for such license the
1031	following original application fee for new licenses and annual
1032	renewal fees for existing licenses:
1033
	License Category OriginalApplication Fee RenewalFee
1034
	Category I liquefied petroleumgas dealer . . . . . . . . . . . . $600 $525 $500 $425
1035
	Category II liquefied petroleumgas dispenser . . . . . . . . . . . . 525 425 375
1036
	Category III liquefied petroleumgas cylinder exchange unitoperator . . . . . . . . . . . . 125 100 75 65
1037
	Category IV liquefied petroleum gas dispenser and recreational vehicle servicer . . . . . . . . . . . . 525 425 400
1038
	Category V liquefied petroleumpetroleum gases dealer for industrial uses only . . . . . . . . . . . . 350 300 275 200
1039
	LP gasinstaller . . . . . . . . . . . . 400 300 300 200
1040
	Specialtyinstaller . . . . . . . . . . . . 300 250 200
1041
	Dealer in appliances and equipmentfor use of liquefied petroleumgas . . . . . . . . . . . . 50 45
1042
	Manufacturer of liquefiedpetroleum gas appliances andequipment . . . . . . . . . . . . 525 425 375
1043
	Requalifier ofcylinders . . . . . . . . . . . . 525 425 375
1044
	Fabricator, repairer, andtester of vehicles and cargotanks . . . . . . . . . . . . 525 425 375
1045
1046	(5)  The license fee for a pipeline system operator shall
1047	be $350 $100 per system owned or operated by the person, not to
1048	exceed $400 per license year. Such license fee applies only to a
1049	pipeline system operator who owns or operates a liquefied
1050	petroleum gas pipeline system that is used to transmit liquefied
1051	petroleum gas from a common source to the ultimate customer and
1052	that serves 10 or more customers. The license shall be renewed
1053	each year at a fee of $275 per year.
1054	Section 37.  Subsections (1) and (3) and paragraphs (a) and
1055	(c) of subsection (5) of section 527.0201, Florida Statutes, are
1056	amended to read:
1057	527.0201  Qualifiers; master qualifiers; examinations.--
1058	(1)  In addition to the requirements of s. 527.02, any
1059	person applying for a license to engage in the activities of a
1060	pipeline system operator, category I liquefied petroleum gas
1061	dealer, category II liquefied petroleum gas dispenser, category
1062	IV liquefied petroleum gas dispenser and recreational vehicle
1063	servicer, category V liquefied petroleum gases dealer for
1064	industrial uses only, LP gas installer, specialty installer,
1065	requalifier requalification of cylinders, or fabricator,
1066	repairer, and tester of vehicles and cargo tanks must prove
1067	competency by passing a written examination administered by the
1068	department or its agent with a grade of at least 75 percent in
1069	each area tested or above. Each applicant for examination shall
1070	submit a $30 $20 nonrefundable fee. The department shall by rule
1071	specify the general areas of competency to be covered by each
1072	examination and the relative weight to be assigned in grading
1073	each area tested.
1074	(3)  Qualifier cards issued to category I liquefied
1075	petroleum gas dealers and liquefied petroleum gas installers
1076	shall expire 3 years after the date of issuance. All category I
1077	liquefied petroleum gas dealer qualifiers and liquefied
1078	petroleum gas installer qualifiers holding a valid qualifier
1079	card upon the effective date of this act shall retain their
1080	qualifier status until July 1, 2003, and may sit for the master
1081	qualifier examination at any time during that time period. All
1082	such category I liquefied petroleum gas dealer qualifiers and
1083	liquefied petroleum gas installer qualifiers may renew their
1084	qualification on or before July 1, 2003, upon application to the
1085	department, payment of a $20 renewal fee, and documentation of
1086	the completion of a minimum of 16 12 hours of approved
1087	continuing education courses, as defined by department rule,
1088	during the previous 3-year period. Applications for renewal must
1089	be made 30 calendar days prior to expiration. Persons failing to
1090	renew prior to the expiration date must reapply and take a
1091	qualifier competency examination in order to reestablish
1092	category I liquefied petroleum gas dealer qualifier and
1093	liquefied petroleum gas installer qualifier status. If a
1094	category I liquefied petroleum gas qualifier or liquefied
1095	petroleum gas installer qualifier becomes a master qualifier at
1096	any time during the effective date of the qualifier card, the
1097	card shall remain in effect until expiration of the master
1098	qualifier certification.
1099	(5)  In addition to all other licensing requirements, each
1100	category I liquefied petroleum gas dealer and liquefied
1101	petroleum gas installer must, at the time of application for
1102	licensure, identify to the department one master qualifier who
1103	is a full-time employee at the licensed location. This person
1104	shall be a manager, owner, or otherwise primarily responsible
1105	for overseeing the operations of the licensed location and must
1106	provide documentation to the department as provided by rule. The
1107	master qualifier requirement shall be in addition to the
1108	requirements of subsection (1).
1109	(a)  In order to apply for certification as a master
1110	qualifier, each applicant must be a category I liquefied
1111	petroleum gas dealer qualifier or liquefied petroleum gas
1112	installer qualifier, must be employed by a licensed category I
1113	liquefied petroleum gas dealer, liquefied petroleum gas
1114	installer, or applicant for such license, must provide
1115	documentation of a minimum of 1 year's work experience in the
1116	gas industry, and must pass a master qualifier competency
1117	examination. Master qualifier examinations shall be based on
1118	Florida's laws, rules, and adopted codes governing liquefied
1119	petroleum gas safety, general industry safety standards, and
1120	administrative procedures. The examination must be successfully
1121	passed completed by the applicant with a grade of at least 75
1122	percent or more. Each applicant for master qualifier status
1123	shall submit to the department a nonrefundable $50 $30
1124	examination fee prior to the examination.
1125	(c)  Master qualifier status shall expire 3 years after the
1126	date of issuance of the certificate and may be renewed by
1127	submission to the department of documentation of completion of
1128	at least 16 12 hours of approved continuing education courses
1129	during the 3-year period; proof of employment with a licensed
1130	category I liquefied petroleum gas dealer, liquefied petroleum
1131	gas installer, or applicant; and a $30 certificate renewal fee.
1132	The department shall define, by rule, approved courses of
1133	continuing education.
1134	Section 38.  Subsection (4) of section 527.021, Florida
1135	Statutes, is amended to read:
1136	527.021  Registration of transport vehicles.--
1137	(4)  An inspection fee of $75 $50 shall be assessed for
1138	each registered vehicle inspected by the department pursuant to
1139	s. 527.061. Registered vehicles shall be inspected annually. All
1140	inspection fees collected in connection with this section shall
1141	be deposited in the General Inspection Trust Fund for the
1142	purpose of administering the provisions of this chapter.
1143	Section 39.  Section 527.12, Florida Statutes, is amended
1144	to read:
1145	527.12  Cease and desist orders; stop-use orders; stop-
1146	operation orders; stop-sale orders; administrative fines.--
1147	(1)  Whenever the department has shall have reason to
1148	believe that any person is violating or has violated been
1149	violating provisions of this chapter or any rules adopted under
1150	this chapter pursuant thereto, the department it may issue a
1151	cease and desist order, or impose a civil penalty, or do both
1152	may issue such cease and desist order and impose a civil
1153	penalty.
1154	(2)  Whenever a person or liquefied petroleum gas system or
1155	storage facility, or any part or component thereof, fails to
1156	comply with this chapter or any rules adopted under this
1157	chapter, the department may issue a stop-use order, stop-
1158	operation order, or stop-sale order.
1159	Section 40.  Subsection (1) of section 559.805, Florida
1160	Statutes, is amended to read:
1161	559.805  Filings with the department; disclosure of
1162	advertisement identification number.--
1163	(1)  Every seller of a business opportunity shall annually
1164	file with the department a copy of the disclosure statement
1165	required by s. 559.803 before prior to placing an advertisement
1166	or making any other representation designed to offer to, sell
1167	to, or solicit an offer to buy a business opportunity from a
1168	prospective purchaser in this state and shall update this filing
1169	by reporting any material change in the required information
1170	within 30 days after the material change occurs. An
1171	advertisement is not placed in the state merely because the
1172	publisher circulates, or there is circulated on his or her
1173	behalf in the state, any bona fide newspaper or other
1174	publication of general, regular, and paid circulation which has
1175	had more than two-thirds of its circulation during the past 12
1176	months outside the state or because a radio or television
1177	program originating outside the state is received in the state.
1178	If the seller is required by s. 559.807 to provide a bond or
1179	establish a trust account or guaranteed letter of credit, he or
1180	she shall contemporaneously file with the department a copy of
1181	the bond, a copy of the formal notification by the depository
1182	that the trust account is established, or a copy of the
1183	guaranteed letter of credit. Every seller of a business
1184	opportunity shall file with the department a list of independent
1185	agents who will engage in the offer or sale of business
1186	opportunities on behalf of the seller in this state. This list
1187	must be kept current and shall include the following
1188	information: name, home and business address, telephone number,
1189	present employer, social security number, and birth date. A No
1190	person may not shall be allowed to offer or sell business
1191	opportunities unless the required information is has been
1192	provided to the department.
1193	Section 41.  Subsection (3) of section 559.928, Florida
1194	Statutes, is amended to read:
1195	559.928  Registration.--
1196	(3)  Each independent agent shall annually file an
1197	affidavit with the department before prior to engaging in
1198	business in this state. This affidavit must include the
1199	independent agent's full name, legal business or trade name,
1200	mailing address, business address, telephone number, social
1201	security number, and the name or names and addresses of each
1202	seller of travel represented by the independent agent. A letter
1203	evidencing proof of filing must be issued by the department and
1204	must be prominently displayed in the independent agent's primary
1205	place of business. Each independent agent must also submit an
1206	annual registration fee of $50. All moneys collected pursuant to
1207	the imposition of the fee shall be deposited by the Chief
1208	Financial Officer into the General Inspection Trust Fund of the
1209	Department of Agriculture and Consumer Services for the sole
1210	purpose of administrating this part. As used in this subsection,
1211	the term "independent agent" means a person who represents a
1212	seller of travel by soliciting persons on its behalf; who has a
1213	written contract with a seller of travel which is operating in
1214	compliance with this part and any rules adopted thereunder; who
1215	does not receive a fee, commission, or other valuable
1216	consideration directly from the purchaser for the seller of
1217	travel; who does not at any time have any unissued ticket stock
1218	or travel documents in his or her possession; and who does not
1219	have the ability to issue tickets, vacation certificates, or any
1220	other travel document. The term "independent agent" does not
1221	include an affiliate of the seller of travel, as that term is
1222	used in s. 559.935(3), or the employees of the seller of travel
1223	or of such affiliates.
1224	Section 42.  Subsection (7) of section 570.0725, Florida
1225	Statutes, is amended to read:
1226	570.0725  Food recovery; legislative intent; department
1227	functions.--
1228	(7)  For public information purposes, the department may
1229	shall develop and provide a public information brochure
1230	detailing the need for food banks and similar of food recovery
1231	programs, the benefit of such food recovery programs, the manner
1232	in which such organizations may become involved in such food
1233	recovery programs, and the protection afforded to such programs
1234	under s. 768.136, and the food recovery entities or food banks
1235	that exist in the state. This brochure must be updated annually.
1236	A food bank or similar food recovery organization seeking to be
1237	included on a list of such organizations must notify the
1238	department and provide the information required by rule of the
1239	department. Such organizations are responsible for updating the
1240	information and providing the updated information to the
1241	department. The department may adopt rules to implement this
1242	section.
1243	Section 43.  Paragraph (e) of subsection (6) of section
1244	570.53, Florida Statutes, is amended to read:
1245	570.53  Division of Marketing and Development; powers and
1246	duties.--The powers and duties of the Division of Marketing and
1247	Development include, but are not limited to:
1248	(6)
1249	(e)  Extending in every practicable way the distribution
1250	and sale of Florida agricultural products throughout the markets
1251	of the world as required of the department by s. ss. 570.07(7),
1252	(8), (10), and (11) and 570.071 and chapters 571, 573, and 574.
1253	Section 44.  Subsection (2) of section 570.54, Florida
1254	Statutes, is amended to read:
1255	570.54  Director; duties.--
1256	(2)  It shall be the duty of the director of this division
1257	to supervise, direct, and coordinate the activities authorized
1258	by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and
1259	(20), 570.071, 570.21, 534.47-534.53, and 604.15-604.34 and
1260	chapters 504, 571, 573, and 574 and to exercise other powers and
1261	authority as authorized by the department.
1262	Section 45.  Subsection (4) of section 570.55, Florida
1263	Statutes, is amended to read:
1264	570.55  Identification of sellers or handlers of tropical
1265	or subtropical fruit and vegetables; containers specified;
1266	penalties.--
1267	(4)  IDENTIFICATION OF HANDLER.--At the time of each
1268	transaction involving the handling or sale of 55 pounds or more
1269	of tropical or subtropical fruit or vegetables in the primary
1270	channel of trade, the buyer or receiver of the tropical or
1271	subtropical fruit or vegetables shall demand a bill of sale,
1272	invoice, sales memorandum, or other document listing the date of
1273	the transaction, the quantity of the tropical or subtropical
1274	fruit or vegetables involved in the transaction, and the
1275	identification of the seller or handler as it appears on the
1276	driver's license of the seller or handler, including the
1277	driver's license number. If the seller or handler does not
1278	possess a driver's license, the buyer or receiver shall use any
1279	other acceptable means of identification, which may include, but
1280	is not limited to, i.e., voter's registration card and number,
1281	draft card, social security card, or other identification.
1282	However, no less than two identification documents shall be
1283	used. The identification of the seller or handler shall be
1284	recorded on the bill of sale, sales memorandum, invoice, or
1285	voucher, which shall be retained by the buyer or receiver for a
1286	period of not less than 1 year from the date of the transaction.
1287	Section 46.  Subsection (3) of section 570.902, Florida
1288	Statutes, is amended to read:
1289	570.902  Definitions; ss. 570.902 and 570.903.--For the
1290	purpose of ss. 570.902 and 570.903:
1291	(3)  "Museum" means the Florida Agricultural Museum which
1292	is designated as the museum for agriculture and rural history of
1293	the State of Florida.
1294	Section 47.  Section 570.903, Florida Statutes, is amended
1295	to read:
1296	570.903  Direct-support organization.--
1297	(1)  When the Legislature authorizes the establishment of a
1298	direct-support organization to provide assistance for the
1299	museums, the Florida Agriculture in the Classroom Program, the
1300	Florida State Collection of Arthropods, the Friends of the
1301	Florida State Forests Program of the Division of Forestry, and
1302	the Forestry Arson Alert Program, and other programs of the
1303	department, the following provisions shall govern the creation,
1304	use, powers, and duties of the direct-support organization.
1305	(a)  The department shall enter into a memorandum or letter
1306	of agreement with the direct-support organization, which shall
1307	specify the approval of the department, the powers and duties of
1308	the direct-support organization, and rules with which the
1309	direct-support organization shall comply.
1310	(b)  The department may permit, without charge, appropriate
1311	use of property, facilities, and personnel of the department by
1312	a direct-support organization, subject to the provisions of ss.
1313	570.902 and 570.903. The use shall be directly in keeping with
1314	the approved purposes of the direct-support organization and
1315	shall not be made at times or places that would unreasonably
1316	interfere with opportunities for the general public to use
1317	department facilities for established purposes.
1318	(c)  The department shall prescribe by contract or by rule
1319	conditions with which a direct-support organization shall comply
1320	in order to use property, facilities, or personnel of the
1321	department or museum. Such rules shall provide for budget and
1322	audit review and oversight by the department.
1323	(d)  The department shall not permit the use of property,
1324	facilities, or personnel of the museum, department, or
1325	designated program by a direct-support organization which does
1326	not provide equal employment opportunities to all persons
1327	regardless of race, color, religion, sex, age, or national
1328	origin.
1329	(2)(a)  The direct-support organization shall be empowered
1330	to conduct programs and activities; raise funds; request and
1331	receive grants, gifts, and bequests of money; acquire, receive,
1332	hold, invest, and administer, in its own name, securities,
1333	funds, objects of value, or other property, real or personal;
1334	and make expenditures to or for the direct or indirect benefit
1335	of the museum or designated program.
1336	(b)  Notwithstanding the provisions of s. 287.057, the
1337	direct-support organization may enter into contracts or
1338	agreements with or without competitive bidding for the
1339	restoration of objects, historical buildings, and other
1340	historical materials or for the purchase of objects, historical
1341	buildings, and other historical materials which are to be added
1342	to the collections of the museum, or benefit of the designated
1343	program. However, before the direct-support organization may
1344	enter into a contract or agreement without competitive bidding,
1345	the direct-support organization shall file a certification of
1346	conditions and circumstances with the internal auditor of the
1347	department justifying each contract or agreement.
1348	(c)  Notwithstanding the provisions of s. 287.025(1)(e),
1349	the direct-support organization may enter into contracts to
1350	insure property of the museum or designated programs and may
1351	insure objects or collections on loan from others in satisfying
1352	security terms of the lender.
1353	(3)  The direct-support organization shall provide for an
1354	annual financial audit in accordance with s. 215.981.
1355	(4)  Neither a designated program or a museum, nor a
1356	nonprofit corporation trustee or employee may:
1357	(a)  Receive a commission, fee, or financial benefit in
1358	connection with the sale or exchange of property historical
1359	objects or properties to the direct-support organization, the
1360	museum, or the designated program; or
1361	(b)  Be a business associate of any individual, firm, or
1362	organization involved in the sale or exchange of property to the
1363	direct-support organization, the museum, or the designated
1364	program.
1365	(5)  All moneys received by the direct-support organization
1366	shall be deposited into an account of the direct-support
1367	organization and shall be used by the organization in a manner
1368	consistent with the goals of the museum or designated program.
1369	(6)  The identity of a donor or prospective donor who
1370	desires to remain anonymous and all information identifying such
1371	donor or prospective donor are confidential and exempt from the
1372	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1373	Constitution.
1374	(7)  The Commissioner of Agriculture, or the commissioner's
1375	designee, may serve on the board of trustees and the executive
1376	committee of any direct-support organization established to
1377	benefit the museum or any designated program.
1378	(8)  The department shall establish by rule archival
1379	procedures relating to museum artifacts and records. The rules
1380	shall provide procedures which protect the museum's artifacts
1381	and records equivalent to those procedures which have been
1382	established by the Department of State under chapters 257 and
1383	267.
1384	Section 48.  Subsection (4) of section 573.118, Florida
1385	Statutes, is amended to read:
1386	573.118  Assessment; funds; audit; loans.--
1387	(4)  In the event of levying and collecting of assessments,
1388	for each fiscal year in which assessment funds are received by
1389	the department, the department shall maintain records of
1390	collections and expenditures for each marketing order separately
1391	within the state's accounting system. If requested by an
1392	advisory council, department staff shall cause to be made a
1393	thorough annual audit of the books and accounts by a certified
1394	public accountant, such audit to be completed within 60 days
1395	after the request is received end of the fiscal year. The
1396	advisory council department and all producers and handlers
1397	covered by the marketing order shall be provided a copy of the
1398	properly advised of the details of the annual official audit of
1399	the accounts as shown by the certified public accountant within
1400	30 days after completion of the audit.
1401	Section 49.  Subsections (18) through (30) of section
1402	581.011, Florida Statutes, are renumbered as subsections (17)
1403	through (29), respectively, and present subsections (17) and
1404	(20) of that section are amended to read:
1405	581.011  Definitions.--As used in this chapter:
1406	(17)  "Museum" means the Florida State Collection of
1407	Arthropods.
1408	(19)(20)  "Nursery" means any grounds or premises on or in
1409	which nursery stock is grown, propagated, or held for sale or
1410	distribution, including except where aquatic plant species are
1411	tended for harvest in the natural environment.
1412	Section 50.  Paragraph (d) of subsection (14) of section
1413	581.031, Florida Statutes, is amended to read:
1414	581.031  Department; powers and duties.--The department has
1415	the following powers and duties:
1416	(14)
1417	(d)  To prescribe a fee for these services, if provided the
1418	fee does not exceed the cost of the services rendered. Annual
1419	citrus source tree registration fees shall not exceed $15 $5 per
1420	tree. If the fee has not been paid within 30 days of billing, a
1421	penalty of $10 or 20 percent of the unpaid balance, whichever is
1422	greater, shall be assessed.
1423	Section 51.  Subsection (6) of section 581.131, Florida
1424	Statutes, is amended to read:
1425	581.131  Certificate of registration.--
1426	(6)  Neither the certificate of registration fee nor the
1427	annual renewal fee shall exceed $600 $460. The department may
1428	exempt from the payment of a certificate fee those governmental
1429	agency nurseries whose nursery stock is used exclusively for
1430	planting on their own property.
1431	Section 52.  Paragraph (a) of subsection (3) of section
1432	581.211, Florida Statutes, is amended to read:
1433	581.211  Penalties for violations.--
1434	(3)(a)1.  In addition to any other provision of law, the
1435	department may, after notice and hearing, impose an
1436	administrative fine not exceeding $10,000 $5,000 for each
1437	violation of this chapter, upon any person, nurseryman, stock
1438	dealer, agent or plant broker. The fine, when paid, shall be
1439	deposited in the Plant Industry Trust Fund. In addition, the
1440	department may place the violator on probation for up to 1 year,
1441	with conditions.
1442	2.  The imposition of a fine or probation pursuant to this
1443	subsection may be in addition to or in lieu of the suspension or
1444	revocation of a certificate of registration or certificate of
1445	inspection.
1446	Section 53.  Section 583.13, Florida Statutes, is amended
1447	to read:
1448	583.13  Labeling and advertising requirements for dressed
1449	poultry; unlawful acts.--
1450	(1)  It is unlawful for any dealer or broker to sell, offer
1451	for sale, or hold for the purpose of sale in the state any
1452	dressed or ready-to-cook poultry in bulk unless the such poultry
1453	is packed in a container clearly bearing a label, not less than
1454	3 inches by 5 inches, on which shall be plainly and legibly
1455	printed, in letters of not less than one-fourth inch 1/4 in
1456	height, the grade and the part name or whole-bird statement of
1457	such poultry. The grade may be expressed in the term "premium,"
1458	"good," or "standard," or as the grade of another state or
1459	federal agency the standards of quality of which, by law, are
1460	equal to the standards of quality provided by this law and rules
1461	promulgated hereunder.
1462	(2)  It is unlawful to sell unpackaged dressed or ready-to-
1463	cook poultry at retail unless such poultry is labeled by a
1464	placard immediately adjacent to the poultry or unless each bird
1465	is individually labeled to show the grade and the part name or
1466	whole-bird statement. The placard shall be no smaller than 7
1467	inches by 7 inches in size, and the required labeling
1468	information shall be legibly and plainly printed on the placard
1469	in letters not smaller than 1 inch in height.
1470	(3)  It is unlawful to sell packaged dressed or ready-to-
1471	cook poultry at retail unless such poultry is labeled to show
1472	the grade, the part name or whole-bird statement, the net weight
1473	of the poultry, and the name and address of the dealer. The size
1474	of the type on the label must be one-eighth inch or larger. A
1475	placard immediately adjacent to such poultry may be used to
1476	indicate the grade and the part name or whole-bird statement,
1477	but not the net weight of the poultry or the name and address of
1478	the dealer.
1479	(4)  It is unlawful to use dressed or ready-to-cook poultry
1480	in bulk in the preparation of food served to the public, or to
1481	hold such poultry for the purpose of such use, unless the
1482	poultry when received was packed in a container clearly bearing
1483	a label, not less than 3 inches by 5 inches, on which was
1484	plainly and legibly printed, in letters not less than one-fourth
1485	inch in height, the grade and the part name or whole-bird
1486	statement of such poultry. The grade may be expressed in the
1487	term "premium," "good," or "standard," or as the grade of
1488	another state or federal agency the standards of quality of
1489	which, by law, are equal to the standards of quality provided by
1490	this law and rules promulgated hereunder.
1491	(5)  It is unlawful to offer dressed or ready-to-cook
1492	poultry for sale in any advertisement in a newspaper or
1493	circular, on radio or television, or in any other form of
1494	advertising without plainly designating in such advertisement
1495	the grade and the part name or whole-bird statement of such
1496	poultry.
1497	Section 54.  Subsections (4) and (5) of section 590.125,
1498	Florida Statutes, are renumbered as subsections (5) and (6),
1499	respectively, subsection (1), paragraph (b) of subsection (3),
1500	and paragraph (c) of present subsection (4) are amended, and new
1501	subsections (4) and (7) are added to that section, to read:
1502	590.125  Open burning authorized by the division.--
1503	(1)  DEFINITIONS.--As used in this section, the term:
1504	(a)  "Certified pile burner" means an individual who
1505	successfully completes the division's pile burning certification
1506	program and possesses a valid pile burner certification number.
1507	(b)  "Certified prescribed burn manager" means an
1508	individual who successfully completes the certified prescribed
1509	burning certification program of the division and possesses a
1510	valid certification number.
1511	(c)(d)  "Extinguished" means:
1512	1.  that no spreading flame For wild land burning or
1513	certified prescribed burning, that no spreading flames exist.
1514	2.  and no visible flame, smoke, or emissions For
1515	vegetative land-clearing debris burning or pile burning, that no
1516	visible flames exist.
1517	3.  For vegetative land-clearing debris burning or pile
1518	burning in an area designated as smoke sensitive by the
1519	division, that no visible flames, smoke, or emissions exist.
1520	(d)  "Land-clearing operation" means the uprooting or
1521	clearing of vegetation in connection with the construction of
1522	buildings and rights-of-way, land development, and mineral
1523	operations. The term does not include the clearing of yard
1524	trash.
1525	(e)  "Pile burning" means the burning of silvicultural,
1526	agricultural, or land-clearing and tree-cutting debris
1527	originating onsite, which is stacked together in a round or
1528	linear fashion, including, but not limited to, a windrow.
1529	(f)(a)  "Prescribed burning" means the controlled
1530	application of fire in accordance with a written prescription
1531	for vegetative fuels under specified environmental conditions
1532	while following appropriate precautionary measures that ensure
1533	that the fire is confined to a predetermined area to accomplish
1534	the planned fire or land-management objectives.
1535	(g)(c)  "Prescription" means a written plan establishing
1536	the criteria necessary for starting, controlling, and
1537	extinguishing a prescribed burn.
1538	(h)  "Yard trash" means vegetative matter resulting from
1539	landscaping and yard maintenance operations and other such
1540	routine property cleanup activities. The term includes materials
1541	such as leaves, shrub trimmings, grass clippings, brush, and
1542	palm fronds.
1543	(3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
1544	PURPOSE.--
1545	(b)  Certified prescribed burning pertains only to
1546	broadcast burning for purposes of silviculture, wildlife
1547	management, ecological maintenance and restoration, and range
1548	and pasture management. It must be conducted in accordance with
1549	this subsection and:
1550	1.  May be accomplished only when a certified prescribed
1551	burn manager is present on site with a copy of the prescription
1552	from ignition of the burn to its completion.
1553	2.  Requires that a written prescription be prepared before
1554	receiving authorization to burn from the division.
1555	3.  Requires that the specific consent of the landowner or
1556	his or her designee be obtained before requesting an
1557	authorization.
1558	4.  Requires that an authorization to burn be obtained from
1559	the division before igniting the burn.
1560	5.  Requires that there be adequate firebreaks at the burn
1561	site and sufficient personnel and firefighting equipment for the
1562	control of the fire.
1563	6.  Is considered to be in the public interest and does not
1564	constitute a public or private nuisance when conducted under
1565	applicable state air pollution statutes and rules.
1566	7.  Is considered to be a property right of the property
1567	owner if vegetative fuels are burned as required in this
1568	subsection.
1569	(4)  CERTIFIED PILE BURNING; LEGISLATIVE FINDINGS AND
1570	PURPOSE.--
1571	(a)  Pile burning is a tool that benefits current and
1572	future generations in Florida by disposing of naturally
1573	occurring vegetative debris through burning rather than
1574	disposing of the debris in landfills.
1575	(b)  Certified pile burning pertains to the disposal of
1576	piled, naturally occurring debris from an agricultural,
1577	silvicultural, or temporary land-clearing operation. A land-
1578	clearing operation is temporary if it operates for 6 months or
1579	less. Certified pile burning must be conducted in accordance
1580	with this subsection, and:
1581	1.  A certified pile burner must ensure, before ignition,
1582	that the piles are properly placed and that the content of the
1583	piles is conducive to efficient burning.
1584	2.  A certified pile burner must ensure that the piles are
1585	properly extinguished no later than 1 hour after sunset. If the
1586	burn is conducted in an area designated by the division as smoke
1587	sensitive, a certified pile burner must ensure that the piles
1588	are properly extinguished at least 1 hour before sunset.
1589	3.  A written pile burn plan must be prepared before
1590	receiving authorization from the division to burn.
1591	4.  The specific consent of the landowner or his or her
1592	agent must be obtained before requesting authorization to burn.
1593	5.  An authorization to burn must be obtained from the
1594	division or its designated agent before igniting the burn.
1595	6.  There must be adequate firebreaks and sufficient
1596	personnel and firefighting equipment at the burn site to control
1597	the fire.
1598	(c)  If a burn is conducted in accordance with this
1599	subsection, the property owner and his or her agent are not
1600	liable under s. 590.13 for damage or injury caused by the fire
1601	or resulting smoke, and are not in violation of subsection (2),
1602	unless gross negligence is proven.
1603	(d)  A certified pile burner who violates this section
1604	commits a misdemeanor of the second degree, punishable as
1605	provided in s. 775.082 or s. 775.083.
1606	(e)  The division shall adopt rules regulating certified
1607	pile burning. The rules shall include procedures and criteria
1608	for certifying and decertifying certified pile burn managers
1609	based on past experience, training, and record of compliance
1610	with this section.
1611	(5)(4)  WILDFIRE HAZARD REDUCTION TREATMENT BY THE
1612	DIVISION.--The division may conduct fuel reduction initiatives,
1613	including, but not limited to, burning and mechanical and
1614	chemical treatment, on any area of wild land within the state
1615	which is reasonably determined to be in danger of wildfire in
1616	accordance with the following procedures:
1617	(c)  Prepare, and send the county tax collector shall
1618	include with the annual tax statement, a notice to be sent to
1619	all landowners in each area township designated by the division
1620	as a wildfire hazard area. The notice must describe particularly
1621	the area to be treated and the tentative date or dates of the
1622	treatment and must list the reasons for and the expected
1623	benefits from the wildfire hazard reduction.
1624	(7)  DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING
1625	AUTHORIZATION PROGRAMS.--
1626	(a)  A county or municipality may exercise the division's
1627	authority, if delegated by the division under this subsection,
1628	to issue authorizations for the burning of yard trash or debris
1629	from land-clearing operations. A county's or municipality's
1630	existing or proposed open burning authorization program must:
1631	1.  Be approved by the division. The division shall not
1632	approve a program if it fails to meet the requirements of
1633	subsections (2) and (4) and any rules adopted under those
1634	subsections.
1635	2.  Provide by ordinance or local law the requirements for
1636	obtaining and performing a burn authorization that comply with
1637	subsections (2) and (4) and any rules adopted under those
1638	subsections.
1639	3.  Provide for the enforcement of the program's
1640	requirements.
1641	4.  Provide financial, personnel, and other resources
1642	needed to carry out the program.
1643	(b)  If the division determines that a county's or
1644	municipality's open burning authorization program does not
1645	comply with subsections (2) and (4) and any rules adopted under
1646	those subsections, the division shall require the county or
1647	municipality to take necessary corrective actions within a
1648	reasonable period, not to exceed 90 days.
1649	1.  If the county or municipality fails to take the
1650	necessary corrective actions within the required period, the
1651	division shall resume administration of the open burning
1652	authorization program in the county or municipality and the
1653	county or municipality shall cease administration of its
1654	program.
1655	2.  Each county and municipality administering an open
1656	burning authorization program must cooperate with and assist the
1657	division in carrying out the division's powers, duties, and
1658	functions.
1659	3.  A person who violates the requirements of a county's or
1660	municipality's open burning authorization program, as provided
1661	by ordinance or local law enacted pursuant to this section,
1662	commits a violation of this chapter, punishable as provided in
1663	s. 590.14.
1664	Section 55.  Subsection (4) of section 590.14, Florida
1665	Statutes, is renumbered as subsection (7), subsections (1) and
1666	(3) are amended, and new subsections (4), (5), and (6) are added
1667	to that section, to read:
1668	590.14  Notice of violation; penalties.--
1669	(1)  If a division employee determines that a person has
1670	violated chapter 589, or this chapter, or any rule adopted by
1671	the division to administer provisions of law conferring duties
1672	upon the division, the division employee he or she may issue a
1673	notice of violation indicating the statute violated. This notice
1674	will be filed with the division and a copy forwarded to the
1675	appropriate law enforcement entity for further action if
1676	necessary.
1677	(3)  The department may also impose an administrative fine,
1678	not to exceed $1,000 per violation of any section of chapter 589
1679	or this chapter or violation of any rule adopted by the division
1680	to administer provisions of law conferring duties upon the
1681	division. The fine shall be based upon the degree of damage, the
1682	prior violation record of the person, and whether the person
1683	knowingly provided false information to obtain an authorization.
1684	The fines shall be deposited in the Incidental Trust Fund of the
1685	division.
1686	(4)  A person may not:
1687	(a)  Fail to comply with any rule or order adopted by the
1688	division to administer provisions of law conferring duties upon
1689	the division; or
1690	(b)  Knowingly make any false statement or representation
1691	in any application, record, plan, or other document required by
1692	this chapter or any rules adopted under this chapter.
1693	(5)  A person who violates paragraph (4)(a) or paragraph
1694	(4)(b) commits a misdemeanor of the second degree, punishable as
1695	provided in s. 775.082 or s. 775.083.
1696	(6)  It is the intent of the Legislature that a penalty
1697	imposed by a court under subsection (5) be of a severity that
1698	ensures immediate and continued compliance with this section.
1699	Section 56.  Paragraph (a) of subsection (1) of section
1700	599.004, Florida Statutes, is amended to read:
1701	599.004  Florida Farm Winery Program; registration; logo;
1702	fees.--
1703	(1)  The Florida Farm Winery Program is established within
1704	the Department of Agriculture and Consumer Services. Under this
1705	program, a winery may qualify as a tourist attraction only if it
1706	is registered with and certified by the department as a Florida
1707	Farm Winery. A winery may not claim to be certified unless it
1708	has received written approval from the department.
1709	(a)  To qualify as a certified Florida Farm Winery, a
1710	winery shall meet the following standards:
1711	1.  Produce or sell less than 250,000 gallons of wine
1712	annually.
1713	2.  Maintain a minimum of 10 acres of owned or managed land
1714	vineyards in Florida which produces commodities used in the
1715	production of wine.
1716	3.  Be open to the public for tours, tastings, and sales at
1717	least 30 hours each week.
1718	4.  Make annual application to the department for
1719	recognition as a Florida Farm Winery, on forms provided by the
1720	department.
1721	5.  Pay an annual application and registration fee of $100.
1722	Section 57.  Subsection (11) is added to section 604.15,
1723	Florida Statutes, to read:
1724	604.15  Dealers in agricultural products; definitions.--For
1725	the purpose of ss. 604.15-604.34, the following words and terms,
1726	when used, shall be construed to mean:
1727	(11)  "Responsible position" means a position within the
1728	business of a dealer in agricultural products that has the
1729	authority to negotiate or make the purchase of agricultural
1730	products on behalf of the dealer's business or has principal
1731	active management authority over the business decisions,
1732	actions, and activities of the dealer's business in this state.
1733	Section 58.  Section 604.19, Florida Statutes, is amended
1734	to read:
1735	604.19  License; fee; bond; certificate of deposit;
1736	penalty.--Unless the department refuses the application on one
1737	or more of the grounds provided in this section, it shall issue
1738	to an applicant, upon the payment of required fees and the
1739	execution and delivery of a bond or certificate of deposit as
1740	provided in this section, a state license entitling the
1741	applicant to conduct business as a dealer in agricultural
1742	products for a 1-year period to coincide with the effective
1743	period of the bond or certificate of deposit furnished by the
1744	applicant. During the 1-year period covered by a license, if the
1745	supporting surety bond or certificate of deposit is canceled for
1746	any reason, the license shall automatically expire on the date
1747	the surety bond or certificate of deposit terminates, unless an
1748	acceptable replacement is in effect before the date of
1749	termination so that continual coverage occurs for the remaining
1750	period of the license. A surety company shall give the
1751	department a 30-day written notice of cancellation by certified
1752	mail in order to cancel a bond. Cancellation of a bond or
1753	certificate of deposit does shall not relieve a surety company
1754	or financial institution of liability for purchases or sales
1755	occurring while the bond or certificate of deposit was in
1756	effect. The license fee, which must be paid for the principal
1757	place of business for a dealer in agricultural products, shall
1758	be based upon the amount of the dealer's surety bond or
1759	certificate of deposit furnished by each dealer under the
1760	provisions of s. 604.20 and may not exceed $500. For each
1761	additional place in which the applicant desires to conduct
1762	business and which the applicant names in the application, the
1763	additional license fee must be paid but may not exceed $100
1764	annually. If a Should any dealer in agricultural products fails,
1765	refuses, or neglects fail, refuse, or neglect to apply and
1766	qualify for the renewal of a license on or before its the date
1767	of expiration date thereof, a penalty not to exceed $100 shall
1768	apply to and be added to the original license fee for the
1769	principal place of business and to the license fee for each
1770	additional place of business named in the application and shall
1771	be paid by the applicant before the renewal license may be
1772	issued. The department by rule shall prescribe fee amounts
1773	sufficient to fund ss. 604.15-604.34.
1774	Section 59.  Subsections (1) and (4) of section 604.20,
1775	Florida Statutes, are amended to read:
1776	604.20  Bond or certificate of deposit prerequisite;
1777	amount; form.--
1778	(1)  Before any license is issued, the applicant therefor
1779	shall make and deliver to the department a surety bond or
1780	certificate of deposit in the amount of at least $5,000 or in
1781	such greater amount as the department may determine. No bond or
1782	certificate of deposit may be in an amount less than $5,000. The
1783	penal sum of the bond or certificate of deposit to be furnished
1784	to the department by an applicant for license as a dealer in
1785	agricultural products shall be in an amount equal to twice the
1786	average of the monthly dollar amounts amount of agricultural
1787	products handled for a Florida producer or a producer's agent or
1788	representative, by purchase or otherwise, during the month of
1789	maximum transaction in such products during the preceding 12-
1790	month period. Only those months in which the applicant handled,
1791	by purchase or otherwise, amounts equal to or greater than
1792	$1,000 shall be used to calculate the penal sum of the required
1793	bond or certificate of deposit. An applicant for license who has
1794	not handled agricultural products for a Florida producer or a
1795	producer's agent or representative, by purchase or otherwise,
1796	during the preceding 12-month period shall furnish a bond or
1797	certificate of deposit in an amount equal to twice the estimated
1798	average of the monthly dollar amounts amount of such
1799	agricultural products to be handled, by purchase or otherwise,
1800	during the month of maximum transaction during the next
1801	immediate 12 months. Only those months in which the applicant
1802	anticipates handling, by purchase or otherwise, amounts equal to
1803	or greater than $1,000 shall be used to calculate the penal sum
1804	of the required bond or certificate of deposit. Such bond or
1805	certificate of deposit shall be provided or assigned in the
1806	exact name in which the dealer will conduct business subject to
1807	the provisions of ss. 604.15-604.34. Such bond must be executed
1808	by a surety company authorized to transact business in the
1809	state. For the purposes of ss. 604.19-604.21, the term
1810	"certificate of deposit" means a certificate of deposit at any
1811	recognized financial institution doing business in the United
1812	States. No certificate of deposit may be accepted in connection
1813	with an application for a dealer's license unless the issuing
1814	institution is properly insured by either the Federal Deposit
1815	Insurance Corporation or the Federal Savings and Loan Insurance
1816	Corporation. Such bond or any certificate of deposit assignment
1817	or agreement shall be upon a form prescribed or approved by the
1818	department and shall be conditioned to secure the faithful
1819	accounting for and payment, in the manner prescribed by s.
1820	604.21(9), to producers or their agents or representatives of
1821	the proceeds of all agricultural products handled or purchased
1822	by such dealer, and to secure payment to dealers who sell
1823	agricultural products to such dealer, and to pay any claims or
1824	costs ordered under s. 604.21 as the result of a complaint. Such
1825	bond or certificate of deposit assignment or agreement shall
1826	include terms binding the instrument to the Commissioner of
1827	Agriculture. A certificate of deposit shall be presented with an
1828	assignment of applicant's rights in the certificate in favor of
1829	the Commissioner of Agriculture on a form prescribed by the
1830	department and with a letter from the issuing institution
1831	acknowledging that the assignment has been properly recorded on
1832	the books of the issuing institution and will be honored by the
1833	issuing institution. Such assignment shall be irrevocable while
1834	the dealer's license is in effect and for an additional period
1835	of 6 months after the termination or expiration of the dealer's
1836	license, provided no complaint is pending against the licensee.
1837	If a complaint is pending, the assignment shall remain in effect
1838	until all actions on the complaint have been finalized. The
1839	certificate of deposit may be released by the assignee of the
1840	financial institution to the licensee or the licensee's
1841	successors, assignee, or heirs if no claims are pending against
1842	the licensee before the department at the conclusion of 6 months
1843	after the last effective date of the license. No certificate of
1844	deposit shall be accepted that contains any provision that would
1845	give the issuing institution any prior rights or claim on the
1846	proceeds or principal of such certificate of deposit. The
1847	department shall determine by rule the maximum amount of bond or
1848	certificate of deposit required of a dealer and whether an
1849	annual bond or certificate of deposit will be required.
1850	(4)  The department may issue a conditional license to an
1851	applicant who is unable to provide a single bond or certificate
1852	of deposit in the full amount required by the calculation in
1853	subsection (1). The conditional license shall remain in effect
1854	for a 1-year period to coincide with the effective period of the
1855	bond or certificate of deposit furnished by the applicant. The
1856	applicant must provide at least the minimum $5,000 bond or
1857	certificate of deposit as provided in subsection (1) together
1858	with documentation from each of three separate bonding companies
1859	denying the applicants request for a surety bond in the full
1860	amount required in subsection (1) and one of the following:
1861	(a)  A notarized affidavit limiting the handling of
1862	agricultural products, by purchase or otherwise, during their
1863	largest month to a minimum of one-half the amount of the bond or
1864	certificate of deposit provided by the applicant;
1865	(b)  A notarized affidavit stating that any subject
1866	agricultural products, handled by purchase or otherwise,
1867	exceeding one-half of the amount of the bond or certificate of
1868	deposit will be handled under the exemption provisions set forth
1869	in s. 604.16(2); or
1870	(c)  A second bond or certificate of deposit in such an
1871	amount that, when the penal sum of the second bond or
1872	certificate of deposit is added to the penal sum of the first
1873	bond or certificate of deposit, the combined penal sum will
1874	equal twice the dollar amount of agricultural products handled
1875	for a Florida producer or a producer's agent or representative,
1876	by purchase or otherwise, during the month of maximum
1877	transaction in such products during the preceding 12-month
1878	period.
1879
1880	The department or its agents may require from any licensee who
1881	is issued a conditional license verified statements of the
1882	volume of the licensee's business or may review the licensee's
1883	records at the licensee's place of business during normal
1884	business hours to determine the licensee's adherence to the
1885	conditions of the license. The failure of a licensee to furnish
1886	such statement or to make such records available shall be cause
1887	for suspension of the licensee's conditional license. If the
1888	department finds such failure to be willful, the conditional
1889	license may be revoked.
1890	Section 60.  Section 604.25, Florida Statutes, is amended
1891	to read:
1892	604.25  Denial of, refusal to renew grant, or suspension or
1893	revocation of, license.--
1894	(1)  The department may deny, refuse to renew, decline to
1895	grant a license or may suspend or revoke a license already
1896	granted if the applicant or licensee has:
1897	(1)(a)  Suffered a monetary judgment entered against the
1898	applicant or licensee upon which is execution has been returned
1899	unsatisfied;
1900	(2)(b)  Made false charges for handling or services
1901	rendered;
1902	(3)(c)  Failed to account promptly and properly or to make
1903	settlements with any producer;
1904	(4)(d)  Made any false statement or statements as to
1905	condition, quality, or quantity of goods received or held for
1906	sale when the true condition, quality, or quantity could have
1907	been ascertained by reasonable inspection;
1908	(5)(e)  Made any false or misleading statement or
1909	statements as to market conditions or service rendered;
1910	(6)(f)  Been guilty of a fraud in the attempt to procure,
1911	or the procurement of, a license;
1912	(7)(g)  Directly or indirectly sold agricultural products
1913	received on consignment or on a net return basis for her or his
1914	own account, without prior authority from the producer
1915	consigning the same, or without notifying such producer;
1916	(8)(h)  Failed to prevent a person from holding a position
1917	as the applicant's or licensee's owner, officer, director,
1918	general or managing partner, or employee Employed in a
1919	responsible position a person, or holding any other similarly
1920	situated position, if the person holds or has held a similar
1921	position with any entity that an officer of a corporation, who
1922	has failed to fully comply with an order of the department, has
1923	not satisfied a civil judgment held by the department, has
1924	pending any administrative or civil enforcement action by the
1925	department, or has pending any criminal charges pursuant to s.
1926	604.30 at any time within 1 year after issuance;
1927	(9)(i)  Violated any statute or rule relating to the
1928	purchase or sale of any agricultural product, whether or not
1929	such transaction is subject to the provisions of this chapter;
1930	or
1931	(10)(j)  Failed to submit to the department an application,
1932	appropriate license fees, and an acceptable surety bond or
1933	certificate of deposit; or.
1934	(11)(2)  Failed If a licensee fails or refused refuses to
1935	comply in full with an order of the department or failed to
1936	satisfy a civil judgment owed to the department, her or his
1937	license may be suspended or revoked, in which case she or he
1938	shall not be eligible for license for a period of 1 year or
1939	until she or he has fully complied with the order of the
1940	department.
1941	(3)  No person, or officer of a corporation, whose license
1942	has been suspended or revoked for failure to comply with an
1943	order of the department may hold a responsible position with a
1944	licensee for a period of 1 year or until the order of the
1945	department has been fully complied with.
1946	Section 61.  Subsections (18) and (19) of section 616.242,
1947	Florida Statutes, are renumbered as subsections (19) and (20),
1948	respectively, and a new subsection (18) is added to that section
1949	to read:
1950	616.242  Safety standards for amusement rides.--
1951	(18)  STOP-OPERATION ORDERS.--If an owner or amusement ride
1952	fails to comply with this chapter or any rule adopted under this
1953	chapter, the department may issue a stop-operation order.
1954	Section 62.  Subsection (4) of section 686.201, Florida
1955	Statutes, is amended to read:
1956	686.201  Sales representative contracts involving
1957	commissions; requirements; termination of agreement; civil
1958	remedies.--
1959	(4)  This section does not apply to persons licensed
1960	pursuant to chapter 475 who are performing services within the
1961	scope of their license or to contracts to which a seller of
1962	travel as defined in s. 559.927 is a party.
1963	Section 63.  Paragraph (c) of subsection (5) of section
1964	790.06, Florida Statutes, is amended to read:
1965	790.06  License to carry concealed weapon or firearm.--
1966	(5)  The applicant shall submit to the Department of
1967	Agriculture and Consumer Services:
1968	(c)  A full set of fingerprints of the applicant
1969	administered by a law enforcement agency or the Division of
1970	Licensing of the Department of Agriculture and Consumer
1971	Services.
1972	Section 64.  Sections 570.071 and 570.901, Florida
1973	Statutes, are repealed.
1974
1975
1976
1977
1978	-----------------------------------------------------
1979	T I T L E  A M E N D M E N T
1980	Remove line 2 and insert:
1981	An act relating to the Department of Agriculture and
1982	Consumer Services; amending s. 482.021, F.S.; revising
1983	terminology to modify requirements for supervision
1984	provided by certified operators in charge of pest control
1985	businesses; amending s. 482.051, F.S.; requiring pest
1986	control licensees to perform inspections before issuing
1987	certain contracts; amending s. 482.071, F.S.; increasing
1988	the financial responsibility requirements for pest control
1989	licensees; creating s. 482.072, F.S.; requiring pest
1990	control service center licenses; providing license
1991	application requirements and procedures; providing for
1992	expiration and renewal of licenses; establishing license
1993	fees; exempting pest control service center employees from
1994	identification card requirements except under certain
1995	circumstances; requiring recordkeeping and monitoring of
1996	service center operations; authorizing disciplinary action
1997	against pest control licensees for violations committed by
1998	service center employees; amending s. 482.152, F.S.;
1999	revising duties and supervisory requirements of certified
2000	operators in charge of pest control businesses; creating
2001	s. 482.157, F.S.; providing for pest control certification
2002	of commercial wildlife management personnel; providing
2003	application procedures and requirements; requiring a
2004	certification examination; establishing certification
2005	fees; amending s. 482.163, F.S.; authorizing disciplinary
2006	action against pest control licensees for violations by
2007	employees under certain circumstances; limiting the
2008	grounds for disciplinary action against a certified
2009	operator in charge; requiring notices of administrative
2010	actions taken against pest control employees; amending s.
2011	482.226, F.S.; increasing the financial responsibility
2012	requirements for certain pest control licensees; amending
2013	s. 493.6102, F.S.; specifying that provisions regulating
2014	security officers do not apply to certain officers
2015	performing off-duty activities; amending s. 493.6105,
2016	F.S.; revising application requirements and procedures for
2017	private investigator, security officer, or recovery agent
2018	licenses; specifying application requirements for firearms
2019	instructor license; amending s. 493.6106, F.S.; revising
2020	citizenship requirements and documentation for private
2021	investigator, security officer, and recovery agent
2022	licenses; prohibiting the licensure of applicants for a
2023	statewide firearm license or firearms instructor license
2024	who are prohibited from purchasing or possessing firearms;
2025	requiring notice of changes to branch office locations for
2026	private investigative, security, or recovery agencies;
2027	amending s. 493.6107, F.S.; requiring the department to
2028	accept certain methods of payment for certain fees;
2029	amending s. 493.6108, F.S.; revising requirements for
2030	criminal history checks of license applicants whose
2031	fingerprints are not legible; requiring investigation of
2032	the mental and emotional fitness of applicants for
2033	firearms instructor licenses; amending s. 493.6111, F.S.;
2034	requiring a security officer school or recovery agent
2035	school to obtain the department's approval for use of a
2036	fictitious name; amending s. 493.6113, F.S.; revising
2037	application renewal procedures and requirements; amending
2038	s. 493.6115, F.S.; conforming cross-references; amending
2039	s. 493.6118, F.S.; authorizing disciplinary action against
2040	statewide firearm licensees and firearms instructor
2041	licensees who are prohibited from purchasing or possessing
2042	firearms; amending s. 493.6121, F.S.; deleting provisions
2043	for the department's access to certain criminal history
2044	records provided to licensed gun dealers, manufactures,
2045	and exporters; amending s. 493.6202, F.S.; requiring the
2046	department to accept certain methods of payment for
2047	certain fees; amending s. 493.6203, F.S.; prohibiting
2048	bodyguard services from being credited toward certain
2049	license requirements; revising training requirements for
2050	private investigator intern license applicants; amending
2051	s. 493.6302, F.S.; requiring the department to accept
2052	certain methods of payment for certain fees; amending s.
2053	493.6303, F.S.; revising the training requirements for
2054	security officer license applicants; amending s. 493.6304,
2055	F.S.; revising application requirements and procedures for
2056	security officer school licenses; amending s. 493.6401,
2057	F.S.; revising terminology for recovery agent schools and
2058	training facilities; amending s. 493.6402, F.S.; revising
2059	terminology for recovery agent schools and training
2060	facilities; requiring the department to accept certain
2061	methods of payment for certain fees; amending s. 493.6406,
2062	F.S.; requiring recovery agent school and instructor
2063	licenses; providing license application requirements and
2064	procedures; amending ss. 501.605 and 501.607, F.S.;
2065	revising application requirements for commercial telephone
2066	seller and salesperson licenses; amending s. 501.913,
2067	F.S.; specifying the sample size required for antifreeze
2068	registration application; amending s. 525.01, F.S.;
2069	revising requirements for petroleum fuel affidavits;
2070	amending s. 525.09, F.S.; imposing an inspection fee on
2071	certain alternative fuels containing alcohol; amending s.
2072	526.50, F.S.; defining terms applicable to regulation of
2073	the sale of brake fluid; amending s. 526.51, F.S.;
2074	revising brake fluid permit application requirements;
2075	deleting permit renewal requirements; providing for
2076	reregistration of brake fluid and establishing fees;
2077	amending s. 526.52, F.S.; revising requirements for
2078	printed statements on brake fluid containers; amending s.
2079	526.53, F.S.; revising requirements and procedures for
2080	brake fluid stop-sale orders; authorizing businesses to
2081	dispose of unregistered brake fluid under certain
2082	circumstances; amending s. 527.02, F.S.; increasing fees
2083	for liquefied petroleum gas licenses; revising fees for
2084	pipeline system operators; amending s. 527.0201, F.S.;
2085	revising requirements for liquefied petroleum gas
2086	qualifying examinations; increasing examination fees;
2087	increasing continuing education requirements for certain
2088	liquefied petroleum gas qualifiers; amending s. 527.021,
2089	F.S.; requiring the annual inspection of liquefied
2090	petroleum gas transport vehicles; increasing the
2091	inspection fee; amending s. 527.12, F.S.; providing for
2092	the issuance of certain stop orders; amending ss. 559.805
2093	and 559.928, F.S.; deleting requirements that lists of
2094	independent agents of sellers of business opportunities
2095	and the agents' registration affidavits include the
2096	agents' social security numbers; amending s. 570.0725,
2097	F.S.; revising provisions for public information about
2098	food banks and similar food recovery programs; authorizing
2099	the department to adopt rules; amending ss. 570.53 and
2100	570.54, F.S.; conforming cross-references; amending s.
2101	570.55, F.S.; revising requirements for identifying
2102	sellers or handlers of tropical or subtropical fruit or
2103	vegetables; amending s. 570.902, F.S.; conforming
2104	terminology to the repeal by the act of provisions
2105	establishing the Florida Agricultural Museum; amending s.
2106	570.903, F.S.; revising provisions for direct-support
2107	organizations for certain agricultural programs to conform
2108	to the repeal by the act of provisions establishing the
2109	Florida Agricultural Museum; deleting provisions for a
2110	direct-support organization for the Florida State
2111	Collection of Arthropods; amending s. 573.118, F.S.;
2112	requiring the department to maintain records of marketing
2113	orders; requiring an audit at the request of an advisory
2114	council; requiring that the advisory council receive a
2115	copy of the audit within a specified time; amending s.
2116	581.011, F.S.; deleting terminology relating to the
2117	Florida State Collection of Arthropods; revising the term
2118	"nursery" for purposes of plant industry regulations;
2119	amending s. 581.031, F.S.; increasing citrus source tree
2120	registration fees; amending s. 581.131, F.S.; increasing
2121	registration fees for a nurseryman, stock dealer, agent,
2122	or plant broker certificate; amending s. 581.211, F.S.;
2123	increasing the maximum fine for violations of plant
2124	industry regulations; amending s. 583.13, F.S.; deleting a
2125	prohibition on the sale of poultry without displaying the
2126	poultry grade; amending s. 590.125, F.S.; revising
2127	terminology for open burning authorizations; specifying
2128	purposes of certified prescribed burning; requiring the
2129	authorization of the Division of Forestry for certified
2130	pile burning; providing pile burning requirements;
2131	limiting the liability of property owners or agents
2132	engaged in pile burning; providing for the certification
2133	of pile burners; providing penalties for violations by
2134	certified pile burners; requiring rules; revising notice
2135	requirements for wildfire hazard reduction treatments;
2136	providing for approval of local government open burning
2137	authorization programs; providing program requirements;
2138	authorizing the division to close local government
2139	programs under certain circumstances; providing penalties
2140	for violations of local government open burning
2141	requirements; amending s. 590.14, F.S.; authorizing fines
2142	for violations of any division rule; providing penalties
2143	for certain violations; providing legislative intent;
2144	amending s. 599.004, F.S.; revising standards that a
2145	winery must meet to qualify as a certified Florida Farm
2146	Winery; amending s. 604.15, F.S.; defining the term
2147	"responsible position" for purposes of provisions
2148	regulating dealers in agricultural products; amending s.
2149	604.19, F.S.; revising requirements for late fees on
2150	agricultural products dealer applications; amending s.
2151	604.20, F.S.; revising the minimum amount of the surety
2152	bond or certificate of deposit required for agricultural
2153	products dealer licenses; providing conditions for the
2154	payment of bond or certificate of deposit proceeds;
2155	requiring additional documentation for issuance of a
2156	conditional license; amending s. 604.25, F.S.; revising
2157	conditions under which the department may deny, refuse to
2158	renew, suspend, or revoke agricultural products dealer
2159	licenses; deleting a provision prohibiting certain persons
2160	from holding a responsible position with a licensee;
2161	amending s. 616.242, F.S.; amending s. 686.201, F.S.;
2162	exempting contracts involving a seller of travel from the
2163	requirements of that section; authorizing the issuance of
2164	stop-operation orders for amusement rides under certain
2165	circumstances; amending s. 790.06, F.S.; authorizing a
2166	concealed firearm license applicant to submit fingerprints
2167	administered by the Division of Licensing; repealing ss.
2168	570.071 and 570.901, F.S., relating to the Florida
2169	Agricultural Exposition and the Florida Agricultural
2170	Museum; amending s. 205.064, F.S.;

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