683545

		Amendment
Bill No. CS/CS/HB 1241

Amendment No. 683545

CHAMBER ACTION
Senate		House
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Representative Troutman offered the following:

Amendment to Senate Amendment (679288) (with title

amendment)

Remove lines 7-2570 and insert:

Section 1. Subsections (5) and (7) of section 482.021,

Florida Statutes, are amended to read:

482.021 Definitions.--For the purposes of this chapter,

and unless otherwise required by the context, the term:

(5) "Certified operator in charge" means a certified

operator:

(a) Whose primary occupation is the pest control business;

(b) Who is employed full time by a licensee; and

the licensee's operation in a category or categories of pest

control in which the operator is certified.

(7) "Employee" means a person who is employed by a

licensee that provides that person with necessary training,

supervision, pesticides, equipment, and insurance and who

receives compensation from and is under the ~~personal~~ supervision

~~and direct control~~ of the licensee's certified operator in

charge and from whose compensation the licensee regularly

deducts and matches federal insurance contributions and federal

income and Social Security taxes.

Section 2. Subsection (3) of section 482.051, Florida

Statutes, is amended to read:

482.051 Rules.--The department has authority to adopt

rules pursuant to ss. 120.536(1) and 120.54 to implement the

provisions of this chapter. Prior to proposing the adoption of a

rule, the department shall counsel with members of the pest

control industry concerning the proposed rule. The department

shall adopt rules for the protection of the health, safety, and

welfare of pest control employees and the general public which

require:

(3) That written contracts be required for providing

termites and other wood-destroying organisms pest control, that

provisions necessary to assure consumer protection as specified

by the department be included in such contracts, that licensees

perform an inspection before issuing a contract on an existing

structure, and that ~~require~~ licensees to comply with the

contracts issued.

Section 3. Subsection (4) of section 482.071, Florida

Statutes, is amended to read:

482.071 Licenses.--

(4) A licensee may not operate a pest control business

without carrying the required insurance coverage. Each person

making application for a pest control business license or

renewal thereof must furnish to the department a certificate of

insurance that meets the requirements for minimum financial

responsibility for bodily injury and property damage consisting

of:

(a) Bodily injury: $250,000 ~~$100,000~~ each person and

$500,000 ~~$300,000~~ each occurrence; and property damage: $250,000

~~$50,000~~ each occurrence and $500,000 ~~$100,000~~ in the aggregate;

(b) Combined single-limit coverage: $500,000 ~~$400,000~~ in

the aggregate.

Section 4. Section 482.072, Florida Statutes, is created

to read:

482.072 Pest control service centers.--

(1) The department may issue a license to a qualified

business to operate a pest control service center, to solicit

pest control business, or to provide services to customers for

one or more business locations licensed under s. 482.071. A

person may not operate a centralized service center for a pest

control business that is not licensed by the department.

(2)(a) Before operating a pest control service center, and

biennially thereafter, on or before an anniversary date set by

the department for the licensed pest control service center

location, the pest control business must apply to the department

for a license under this chapter, or a renewal thereof, for each

pest control service center location. An application must be

submitted in the format prescribed by the department.

(b) The department shall establish a fee for the issuance

of a pest control service center license of at least $500, but

not more than $1,000, and a fee for the renewal of a license of

at least $500, but not more than $1,000; however, until rules

setting the fees are adopted by the department, the initial

license and renewal fees are each set at $500. The department

shall establish a grace period, not to exceed 30 calendar days

after a license's anniversary renewal date. The department shall

assess a late renewal fee of $150, in addition to the renewal

fee, to a business that renews its license after the grace

period.

the anniversary renewal date unless the license is renewed

before that date. Once a license expires, it may be reinstated

only upon reapplication and payment of the license fee and late

renewal fee.

(d) A license automatically expires when a licensee

changes its pest control service center business location

address. The department shall issue a new license upon payment

of a $250 fee. The new license automatically expires 60 calendar

days after the anniversary renewal date of the former license

unless the license is renewed before that date.

(e) The department may not issue or renew a license to

operate a centralized pest control service center unless the

pest control business licensees for whom the centralized service

center solicits business have one or more common owners.

100

(f) The department may deny the issuance of a pest control

101

service center license, or refuse to renew a license, if the

102

department finds that the applicant or licensee, or any of its

103

directors, officers, owners, or general partners, are or were

104

directors, officers, owners, or general partners of a pest

105

control business described in s. 482.071(2)(g) or violated a

106

rule adopted under s. 482.071(2)(f).

107

(g) Section 482.091 does not apply to a person who

108

solicits pest control services or provides customer service in a

109

licensed pest control service center unless the person performs

110

the pest control work described in s. 482.021(21)(a)-(d),

111

executes a pest control contract, or accepts remuneration for

112

such work.

113

(3)(a) The department shall adopt rules establishing

114

requirements and procedures for recordkeeping and monitoring of

115

pest control service center operations to ensure compliance with

116

this chapter and rules adopted under this chapter.

117

(b) Notwithstanding s. 482.163, whether an employee acts

118

outside of the course and scope of his or her employment or

119

whether the employee disobeys employer policies:

120

1. A pest control service center licensee may be subject

121

to disciplinary action under s. 482.161 for a violation of this

122

chapter or a rule adopted under this chapter committed by an

123

employee of the service center.

124

2. A pest control business licensee may be subject to

125

disciplinary action under s. 482.161 for a violation committed

126

by an employee of the service center if the business licensee

127

benefits from the violation.

128

Section 5. Section 482.152, Florida Statutes, is amended

129

to read:

130

482.152 Duties of certified operator in charge of pest

131

control activities of licensee.--A certified operator in charge

132

of the pest control activities of a licensee shall have her or

133

his primary occupation with the licensee and shall be a full-

134

time employee of the licensee. The~~, and her or his~~ principal

135

duties of the certified operator in charge ~~duty~~ shall include:

136

(1) ~~The~~ Responsibility for the ~~personal~~ supervision of,

137

and participation in, the pest control activities of at the

138

business location of the licensee. This chapter does not prevent

139

a certified operator in charge from performing duties at other

140

business locations owned by the licensee if:

141

(a) The certified operator in charge performs her or his

142

duties as provided in this section for the business location of

143

the licensee.

144

(b) The certified operator in charge is a full-time

145

employee of the licensee.

146

147

charge is the pest control business. ~~as the same relate to:~~

148

(2)~~(1)~~ ~~The~~ Selection of proper and correct chemicals for

149

the particular pest control work performed.

150

(3)~~(2)~~ ~~The~~ Safe and proper use of the pesticides used.

151

(4)~~(3)~~ ~~The~~ Correct concentration and formulation of

152

pesticides used in all pest control work performed.

153

(5)~~(4)~~ ~~The~~ Training of personnel in the proper and

154

acceptable methods of pest control.

155

(6)~~(5)~~ ~~The~~ Control measures and procedures used.

156

(7)~~(6)~~ ~~The~~ Notification of the department of any

157

accidental human poisoning or death connected with pest control

158

work performed on a job she or he is supervising, within 24

159

hours after she or he has knowledge of the poisoning or death.

160

Section 6. Section 482.157, Florida Statutes, is created

161

to read:

162

482.157 Limited certification for commercial wildlife

163

management personnel.--

164

(1) The department shall establish a limited certification

165

category for individual commercial wildlife management personnel

166

which authorizes the personnel to use nonchemical methods for

167

controlling pest birds or rodents, including, but not limited

168

to, the use of traps, glue boards, mechanical or electronic

169

devices, or exclusionary techniques.

170

(2) A person seeking limited certification under this

171

section must pass an examination administered by the department.

172

An application for examination must be accompanied by an

173

examination fee set by rule of the department of at least $150

174

but not to exceed $300. The department shall provide the

175

appropriate reference materials for the examination and make the

176

examination readily available to applicants at least quarterly

177

or as often as necessary in each county. Before the department

178

issues a limited certification under this section, the person

179

applying for certification must furnish proof that he or she

180

holds a certificate of insurance stating that his or her

181

employer meets the requirements for minimum financial

182

responsibility in s. 482.071(4).

183

(3) An application for recertification under this section

184

must be submitted biennially and must be accompanied by a

185

recertification fee set by rule of the department of at least

186

$150 but not to exceed $300. The application must also be

187

accompanied by proof that:

188

(a) The applicant completed 4 classroom hours of

189

acceptable continuing education.

190

(b) The applicant holds a certificate of insurance stating

191

that his or her employer meets the requirements for minimum

192

financial responsibility in s. 482.071(4).

193

(4) The department shall establish a grace period, not to

194

exceed 30 calendar days after a biennial date established by the

195

department on which recertification is due. The department shall

196

assess a late charge of $50, in addition to the recertification

197

fee, to commercial wildlife management personnel who are

198

recertified after the grace period.

199

(5) A limited certification automatically expires 180

200

calendar days after the biennial date on which recertification

201

is due unless the commercial wildlife personnel are recertified

202

before the certification expires. Once a certification expires,

203

certification may be issued only upon successful reexamination

204

and payment of the examination fees.

205

(6) Certification under this section does not authorize:

206

(a) Use of any pesticide or chemical substance, other than

207

adhesive materials, to control pest birds, rodents, or other

208

nuisance wildlife in, on, or under a structure.

209

(b) Operation of a pest control business.

210

211

Section 7. Subsection (6) of section 482.226, Florida

212

Statutes, is amended to read:

213

482.226 Wood-destroying organism inspection report; notice

214

of inspection or treatment; financial responsibility.--

215

(6) Any licensee that performs wood-destroying organism

216

inspections in accordance with subsection (1) must meet minimum

217

financial responsibility in the form of errors and omissions

218

(professional liability) insurance coverage or bond in an amount

219

no less than $250,000 ~~$50,000~~ in the aggregate ~~and $25,000 per~~

220

~~occurrence,~~ or demonstrate that the licensee has equity or net

221

worth of no less than $500,000 ~~$100,000~~ as determined by

222

generally accepted accounting principles substantiated by a

223

certified public accountant's review or certified audit. The

224

licensee must show proof of meeting this requirement at the time

225

of license application or renewal thereof.

226

Section 8. Subsection (1) of section 493.6102, Florida

227

Statutes, is amended to read:

228

493.6102 Inapplicability of this chapter.--This chapter

229

shall not apply to:

230

(1) Any individual who is an "officer" as defined in s.

231

943.10(14), or is a law enforcement officer of the United States

232

Government, while the ~~such~~ local, state, or federal officer is

233

engaged in her or his official duties or, if approved by the

234

officer's supervisors, when performing off-duty activities as a

235

security officer ~~activities approved by her or his superiors~~.

236

Section 9. Section 493.6105, Florida Statutes, is amended

237

to read:

238

493.6105 Initial application for license.--

239

(1) Each individual, partner, or principal officer in a

240

corporation, shall file with the department a complete

241

application accompanied by an application fee not to exceed $60,

242

except that the applicant for a Class "D" or Class "G" license

243

shall not be required to submit an application fee. The

244

application fee shall not be refundable.

245

(a) The application submitted by any individual, partner,

246

or corporate officer shall be approved by the department prior

247

to that individual, partner, or corporate officer assuming his

248

or her duties.

249

(b) Individuals who invest in the ownership of a licensed

250

agency, but do not participate in, direct, or control the

251

operations of the agency shall not be required to file an

252

application.

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(2) Each application shall be signed and verified by the

254

individual under oath as provided in s. 92.525 ~~and shall be~~

255

~~notarized~~.

256

(3) The application shall contain the following

257

information concerning the individual signing same:

258

(a) Name and any aliases.

259

(b) Age and date of birth.

260

261

(d) Social security number or alien registration number,

262

whichever is applicable.

263

(e) Present residence address ~~and his or her residence~~

264

~~addresses within the 5 years immediately preceding the~~

265

~~submission of the application~~.

266

~~(f) Occupations held presently and within the 5 years~~

267

~~immediately preceding the submission of the application.~~

268

(f)~~(g)~~ A statement of all criminal convictions, findings

269

of guilt, and pleas of guilty or nolo contendere, regardless of

270

adjudication of guilt.

271

(g) One passport-type color photograph taken within the 6

272

months immediately preceding submission of the application.

273

(h) A statement whether he or she has ever been

274

adjudicated incompetent under chapter 744.

275

(i) A statement whether he or she has ever been committed

276

to a mental institution under chapter 394.

277

(j) A full set of fingerprints on a card provided by the

278

department and a fingerprint fee to be established by rule of

279

the department based upon costs determined by state and federal

280

agency charges and department processing costs. An applicant who

281

has, within the immediately preceding 6 months, submitted a

282

fingerprint card and fee for licensing purposes under this

283

chapter shall not be required to submit another fingerprint card

284

or fee.

285

(k) A personal inquiry waiver which allows the department

286

to conduct necessary investigations to satisfy the requirements

287

of this chapter.

288

(l) Such further facts as may be required by the

289

department to show that the individual signing the application

290

is of good moral character and qualified by experience and

291

training to satisfy the requirements of this chapter.

292

~~(4) In addition to the application requirements outlined~~

293

~~in subsection (3), the applicant for a Class "C," Class "CC,"~~

294

~~Class "E," Class "EE," or Class "G" license shall submit two~~

295

~~color photographs taken within the 6 months immediately~~

296

~~preceding the submission of the application, which meet~~

297

~~specifications prescribed by rule of the department. All other~~

298

~~applicants shall submit one photograph taken within the 6 months~~

299

~~immediately preceding the submission of the application.~~

300

(4)~~(5)~~ In addition to the application requirements

301

outlined under subsection (3), the applicant for a Class "C,"

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Class "E," Class "M," Class "MA," Class "MB," or Class "MR"

303

license shall include a statement on a form provided by the

304

department of the experience which he or she believes will

305

qualify him or her for such license.

306

(5)~~(6)~~ In addition to the requirements outlined in

307

subsection (3), an applicant for a Class "G" license shall

308

satisfy minimum training criteria for firearms established by

309

rule of the department, which training criteria shall include,

310

but is not limited to, 28 hours of range and classroom training

311

taught and administered by a Class "K" licensee; however, no

312

more than 8 hours of such training shall consist of range

313

training. If the applicant can show proof that he or she is an

314

active law enforcement officer currently certified under the

315

Criminal Justice Standards and Training Commission or has

316

completed the training required for that certification within

317

the last 12 months, or if the applicant submits one of the

318

certificates specified in paragraph (6)(a) ~~(7)(a)~~, the

319

department may waive the foregoing firearms training

320

requirement.

321

(6)~~(7)~~ In addition to the requirements under subsection

322

(3), an applicant for a Class "K" license shall:

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(a) Submit one of the following certificates:

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1. The Florida Criminal Justice Standards and Training

325

Commission ~~Firearms~~ Instructor's Certificate and confirmation by

326

the commission that the applicant is authorized to provide

327

firearms instruction.

328

2. The National Rifle Association Law Enforcement ~~Police~~

329

Firearms Instructor's Certificate.

330

~~3. The National Rifle Association Security Firearms~~

331

~~Instructor's Certificate.~~

332

3.4. A firearms instructor's training certificate issued

333

by any branch of the United States Armed Forces, ~~from~~ a federal

334

law enforcement academy or agency~~, state, county,~~ or ~~municipal~~

335

~~police~~ academy in this state recognized as such by the Criminal

336

Justice Standards and Training Commission ~~or by the Department~~

337

~~of Education~~.

338

(b) Pay the fee for and pass an examination administered

339

by the department which shall be based upon, but is not

340

necessarily limited to, a firearms instruction manual provided

341

by the department.

342

(7)~~(8)~~ In addition to the application requirements for

343

individuals, partners, or officers outlined under subsection

344

(3), the application for an agency license shall contain the

345

following information:

346

(a) The proposed name under which the agency intends to

347

operate.

348

(b) The street address, mailing address, and telephone

349

numbers of the principal location at which business is to be

350

conducted in this state.

351

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numbers of all branch offices within this state.

353

(d) The names and titles of all partners or, in the case

354

of a corporation, the names and titles of its principal

355

officers.

356

(8)~~(9)~~ Upon submission of a complete application, a Class

357

"CC," Class "C," Class "D," Class "EE," Class "E," Class "M,"

358

Class "MA," Class "MB," or Class "MR" applicant may commence

359

employment or appropriate duties for a licensed agency or branch

360

office. However, the Class "C" or Class "E" applicant must work

361

under the direction and control of a sponsoring licensee while

362

his or her application is being processed. If the department

363

denies application for licensure, the employment of the

364

applicant must be terminated immediately, unless he or she

365

performs only unregulated duties.

366

Section 10. Paragraph (f) of subsection (1) and paragraph

367

(a) of subsection (2) of section 493.6106, Florida Statutes, are

368

amended, and paragraph (g) is added to subsection (1) of that

369

section, to read:

370

493.6106 License requirements; posting.--

371

(1) Each individual licensed by the department must:

372

(f) Be a citizen or permanent legal resident alien of the

373

United States or have appropriate ~~been granted~~ authorization

374

issued ~~to seek employment in this country~~ by the ~~United States~~

375

Bureau of Citizenship and Immigration Services of the United

376

States Department of Homeland Security.

377

1. An applicant for a Class "C," Class "CC," Class "D,"

378

Class "DI," Class "E," Class "EE," Class "M," Class "MA," Class

379

"MB," Class "MR," or Class "RI" license who is not a United

380

States citizen must submit proof of current employment

381

authorization issued by the United States Bureau of Citizenship

382

and Immigration Services or proof that she or he is deemed a

383

permanent legal resident alien by the United States Bureau of

384

Citizenship and Immigration Services.

385

2. An applicant for a Class "G" or Class "K" license who

386

is not a United States citizen must submit proof that she or he

387

is deemed a permanent legal resident alien by the United States

388

Bureau of Citizenship and Immigration Services, together with

389

additional documentation establishing that she or he has resided

390

in the state of residence shown on the application for at least

391

90 consecutive days before the date that the application is

392

submitted.

393

3. An applicant for an agency or school license who is not

394

a United States citizen or permanent legal resident alien must

395

submit documentation issued by the United States Bureau of

396

Citizenship and Immigration Services stating that she or he is

397

lawfully in the United States and is authorized to own and

398

operate the type of agency or school for which she or he is

399

applying. An employment authorization card issued by the United

400

States Bureau of Citizenship and Immigration Services is not

401

sufficient documentation.

402

(g) Not be prohibited from purchasing or possessing a

403

firearm by state or federal law if the individual is applying

404

for a Class "G" license or a Class "K" license.

405

(2) Each agency shall have a minimum of one physical

406

location within this state from which the normal business of the

407

agency is conducted, and this location shall be considered the

408

primary office for that agency in this state.

409

(a) If an agency or branch office desires to change the

410

physical location of the business, as it appears on the ~~agency~~

411

license, the department must be notified within 10 days of the

412

change, and, except upon renewal, the fee prescribed in s.

413

493.6107 must be submitted for each license requiring revision.

414

Each license requiring revision must be returned with such

415

notification.

416

Section 11. Subsection (3) of section 493.6107, Florida

417

Statutes, is amended to read:

418

493.6107 Fees.--

419

(3) The fees set forth in this section must be paid by

420

~~certified~~ check or money order ~~or, at the discretion of the~~

421

~~department, by agency check~~ at the time the application is

422

approved, except that the applicant for a Class "G" or Class "M"

423

license must pay the license fee at the time the application is

424

made. If a license is revoked or denied or if the application is

425

withdrawn, the license fee shall not be refunded.

426

Section 12. Paragraph (a) of subsection (1) and subsection

427

(3) of section 493.6108, Florida Statutes, are amended to read:

428

493.6108 Investigation of applicants by Department of

429

Agriculture and Consumer Services.--

430

(1) Except as otherwise provided, prior to the issuance of

431

a license under this chapter, the department shall make an

432

investigation of the applicant for a license. The investigation

433

shall include:

434

(a)1. An examination of fingerprint records and police

435

records. When a criminal history analysis of any applicant under

436

this chapter is performed by means of fingerprint card

437

identification, the time limitations prescribed by s. 120.60(1)

438

shall be tolled during the time the applicant's fingerprint card

439

is under review by the Department of Law Enforcement or the

440

United States Department of Justice, Federal Bureau of

441

Investigation.

442

2. If a legible set of fingerprints, as determined by the

443

Department of Law Enforcement or the Federal Bureau of

444

Investigation, cannot be obtained after two attempts, the

445

Department of Agriculture and Consumer Services may determine

446

the applicant's eligibility based upon a criminal history record

447

check under the applicant's name conducted by the Department of

448

Law Enforcement if the ~~and the Federal Bureau of Investigation.~~

449

~~A set of~~ fingerprints are taken by a law enforcement agency or

450

the department and the applicant submits a written statement

451

signed by the fingerprint technician or a licensed physician

452

stating that there is a physical condition that precludes

453

obtaining a legible set of fingerprints or that the fingerprints

454

taken are the best that can be obtained ~~is sufficient to meet~~

455

~~this requirement~~.

456

(3) The department shall also investigate the mental

457

history and current mental and emotional fitness of any Class

458

"G" or Class "K" applicant, and may deny a Class "G" or Class

459

"K" license to anyone who has a history of mental illness or

460

drug or alcohol abuse.

461

Section 13. Subsection (4) of section 493.6111, Florida

462

Statutes, is amended to read:

463

493.6111 License; contents; identification card.--

464

(4) Notwithstanding the existence of a valid Florida

465

corporate registration, an no agency or school licensee may not

466

conduct activities regulated under this chapter under any

467

fictitious name without prior written authorization from the

468

department to use that name in the conduct of activities

469

regulated under this chapter. The department may not authorize

470

the use of a name which is so similar to that of a public

471

officer or agency, or of that used by another licensee, that the

472

public may be confused or misled thereby. The authorization for

473

the use of a fictitious name shall require, as a condition

474

precedent to the use of such name, the filing of a certificate

475

of engaging in business under a fictitious name under s. 865.09.

476

A No licensee may not ~~shall be permitted to~~ conduct business

477

under more than one fictitious name except as separately

478

licensed nor shall the license be valid to protect any licensee

479

who is engaged in ~~the~~ business under any name other than that

480

specified in the license. An agency desiring to change its

481

licensed name shall notify the department and, except upon

482

renewal, pay a fee not to exceed $30 for each license requiring

483

revision including those of all licensed employees except Class

484

"D" or Class "G" licensees. Upon the return of such licenses to

485

the department, revised licenses shall be provided.

486

Section 14. Subsection (2) and paragraph (a) of subsection

487

(3) of section 493.6113, Florida Statutes, are amended to read:

488

493.6113 Renewal application for licensure.--

489

(2) At least ~~No less than~~ 90 days before ~~prior to~~ the

490

expiration date of the license, the department shall mail a

491

written notice to the last known mailing ~~residence~~ address of

492

the licensee ~~for individual licensees and to the last known~~

493

~~agency address for agencies~~.

494

(3) Each licensee shall be responsible for renewing his or

495

her license on or before its expiration by filing with the

496

department an application for renewal accompanied by payment of

497

the prescribed license fee.

498

(a) Each Class "B" ~~Class "A," Class "B," or Class "R"~~

499

licensee shall additionally submit on a form prescribed by the

500

department a certification of insurance which evidences that the

501

licensee maintains coverage as required under s. 493.6110.

502

Section 15. Subsection (8), paragraph (d) of subsection

503

(12), and subsection (16) of section 493.6115, Florida Statutes,

504

are amended to read:

505

493.6115 Weapons and firearms.--

506

(8) A Class "G" applicant must satisfy the minimum

507

training criteria as set forth in s. 493.6105(5)~~(6)~~ and as

508

established by rule of the department.

509

(12) The department may issue a temporary Class "G"

510

license, on a case-by-case basis, if:

511

(d) The applicant has received approval from the

512

department subsequent to its conduct of a criminal history

513

record check as authorized in s. 493.6108(1)(a)1. ~~493.6121(6).~~

514

(16) If the criminal history record check program

515

referenced in s. 493.6108(1)(a)1. ~~493.6121(6)~~ is inoperable, the

516

department may issue a temporary "G" license on a case-by-case

517

basis, provided that the applicant has met all statutory

518

requirements for the issuance of a temporary "G" license as

519

specified in subsection (12), excepting the criminal history

520

record check stipulated there; provided, that the department

521

requires that the licensed employer of the applicant conduct a

522

criminal history record check of the applicant pursuant to

523

standards set forth in rule by the department, and provide to

524

the department an affidavit containing such information and

525

statements as required by the department, including a statement

526

that the criminal history record check did not indicate the

527

existence of any criminal history that would prohibit licensure.

528

Failure to properly conduct such a check, or knowingly providing

529

incorrect or misleading information or statements in the

530

affidavit shall constitute grounds for disciplinary action

531

against the licensed agency, including revocation of license.

532

Section 16. Paragraph (u) of subsection (1) of section

533

493.6118, Florida Statutes, is redesignated as paragraph (v),

534

and a new paragraph (u) is added to that subsection to read:

535

493.6118 Grounds for disciplinary action.--

536

(1) The following constitute grounds for which

537

disciplinary action specified in subsection (2) may be taken by

538

the department against any licensee, agency, or applicant

539

regulated by this chapter, or any unlicensed person engaged in

540

activities regulated under this chapter.

541

(u) For a Class "G" or a Class "K" applicant or licensee,

542

being prohibited from purchasing or possessing a firearm by

543

state or federal law.

544

Section 17. Subsections (7) and (8) of section 493.6121,

545

Florida Statutes, are renumbered as subsections (6) and (7),

546

respectively, and present subsection (6) of that section is

547

amended, to read:

548

493.6121 Enforcement; investigation.--

549

~~(6) The department shall be provided access to the program~~

550

~~that is operated by the Department of Law Enforcement, pursuant~~

551

~~to s. 790.065, for providing criminal history record information~~

552

~~to licensed gun dealers, manufacturers, and exporters. The~~

553

~~department may make inquiries, and shall receive responses in~~

554

~~the same fashion as provided under s. 790.065. The department~~

555

~~shall be responsible for payment to the Department of Law~~

556

~~Enforcement of the same fees as charged to others afforded~~

557

~~access to the program.~~

558

Section 18. Subsection (3) of section 493.6202, Florida

559

Statutes, is amended to read:

560

493.6202 Fees.--

561

(3) The fees set forth in this section must be paid by

562

~~certified~~ check or money order ~~or, at the discretion of the~~

563

~~department, by agency check~~ at the time the application is

564

approved, except that the applicant for a Class "G," Class "C,"

565

Class "CC," Class "M," or Class "MA" license must pay the

566

license fee at the time the application is made. If a license is

567

revoked or denied or if the application is withdrawn, the

568

license fee shall not be refunded.

569

Section 19. Subsections (2), (4), and (6) of section

570

493.6203, Florida Statutes, are amended to read:

571

493.6203 License requirements.--In addition to the license

572

requirements set forth elsewhere in this chapter, each

573

individual or agency shall comply with the following additional

574

requirements:

575

(2) An applicant for a Class "MA" license shall have 2

576

years of lawfully gained, verifiable, full-time experience, or

577

training in:

578

(a) Private investigative work or related fields of work

579

that provided equivalent experience or training;

580

(b) Work as a Class "CC" licensed intern;

581

582

(d) Experience described in paragraph (a) for 1 year and

583

experience described in paragraph (e) for 1 year;

584

(e) No more than 1 year using:

585

1. College coursework related to criminal justice,

586

criminology, or law enforcement administration; or

587

2. Successfully completed law enforcement-related training

588

received from any federal, state, county, or municipal agency;

589

590

(f) Experience described in paragraph (a) for 1 year and

591

work in a managerial or supervisory capacity for 1 year.

592

593

However, experience in performing bodyguard services is not

594

creditable toward the requirements of this subsection.

595

(4) An applicant for a Class "C" license shall have 2

596

years of lawfully gained, verifiable, full-time experience, or

597

training in one, or a combination of more than one, of the

598

following:

599

(a) Private investigative work or related fields of work

600

that provided equivalent experience or training.

601

(b) College coursework related to criminal justice,

602

criminology, or law enforcement administration, or successful

603

completion of any law enforcement-related training received from

604

any federal, state, county, or municipal agency, except that no

605

more than 1 year may be used from this category.

606

607

608

However, experience in performing bodyguard services is not

609

creditable toward the requirements of this subsection.

610

(6)(a) A Class "CC" licensee shall serve an internship

611

under the direction and control of a designated sponsor, who is

612

a Class "C," Class "MA," or Class "M" licensee.

613

(b) Effective July 1, 2009 ~~September 1, 2008~~, before

614

submission of an application to the department, the an applicant

615

for a Class "CC" license must have completed a minimum of 40 at

616

~~least 24~~ hours of professional training ~~a 40-hour course~~

617

pertaining to general investigative techniques and this chapter,

618

which course is offered by a state university or by a school,

619

community college, college, or university under the purview of

620

the Department of Education, and the applicant must pass an

621

examination. The training must be provided in two parts, one 24-

622

hour course and one 16-hour course. The certificate evidencing

623

satisfactory completion of the 40 ~~at least 24~~ hours of

624

professional training ~~a 40-hour course~~ must be submitted with

625

the application for a Class "CC" license. ~~The remaining 16 hours~~

626

~~must be completed and an examination passed within 180 days. If~~

627

~~documentation of completion of the required training is not~~

628

~~submitted within the specified timeframe, the individual's~~

629

~~license is automatically suspended or his or her authority to~~

630

~~work as a Class "CC" pursuant to s. 493.6105(9) is rescinded~~

631

~~until such time as proof of certificate of completion is~~

632

~~provided to the department.~~ The training ~~course~~ specified in

633

this paragraph may be provided by face-to-face presentation,

634

online technology, or a home study course in accordance with

635

rules and procedures of the Department of Education. The

636

administrator of the examination must verify the identity of

637

each applicant taking the examination.

638

1. Upon an applicant's successful completion of each part

639

of the approved training ~~course~~ and passage of any required

640

examination, the school, community college, college, or

641

university shall issue a certificate of completion to the

642

applicant. The certificates must be on a form established by

643

rule of the department.

644

2. The department shall establish by rule the general

645

content of the professional training ~~course~~ and the examination

646

criteria.

647

3. If the license of an applicant for relicensure is ~~has~~

648

~~been~~ invalid for more than 1 year, the applicant must complete

649

the required training and pass any required examination.

650

651

"CC" license on or after September 1, 2008, through June 30,

652

2009, who has not completed the 16-hour course must submit proof

653

of successful completion of the course within 180 days after the

654

date the application is submitted. If documentation of

655

completion of the required training is not submitted by that

656

date, the individual's license is automatically suspended until

657

proof of the required training is submitted to the department.

658

An individual licensed on or before August 31, 2008, is not

659

required to complete additional training hours in order to renew

660

an active license beyond the required total amount of training,

661

and within the timeframe, in effect at the time he or she was

662

licensed.

663

Section 20. Subsection (3) of section 493.6302, Florida

664

Statutes, is amended to read:

665

493.6302 Fees.--

666

(3) The fees set forth in this section must be paid by

667

~~certified~~ check or money order ~~or, at the discretion of the~~

668

~~department, by agency check~~ at the time the application is

669

approved, except that the applicant for a Class "D," Class "G,"

670

Class "M," or Class "MB" license must pay the license fee at the

671

time the application is made. If a license is revoked or denied

672

or if the application is withdrawn, the license fee shall not be

673

refunded.

674

Section 21. Subsection (4) of section 493.6303, Florida

675

Statutes, is amended to read:

676

493.6303 License requirements.--In addition to the license

677

requirements set forth elsewhere in this chapter, each

678

individual or agency shall comply with the following additional

679

requirements:

680

(4)(a) Effective July 1, 2009, an applicant for a Class

681

"D" license must submit proof of successful completion of

682

~~complete~~ a minimum of 40 hours of professional training at a

683

school or training facility licensed by the department. The

684

training must be provided in two parts, one 24-hour course and

685

one 16-hour course. The department shall by rule establish the

686

general content and number of hours of each subject area to be

687

taught.

688

(b) An individual who submits an application for a Class

689

"D" license on or after January 1, 2007, through June 30, 2009,

690

who has not completed the 16-hour course must submit proof of

691

successful completion of the course within 180 days after the

692

date the application is submitted. If documentation of

693

completion of the required training is not submitted by that

694

date, the individual's license is automatically suspended until

695

proof of the required training is submitted to the department.

696

This section does not require a person licensed before January

697

1, 2007, to complete additional training hours in order to renew

698

an active license beyond the required total amount of training

699

within the timeframe prescribed by law at the time he or she was

700

licensed. ~~An applicant may fulfill the training requirement~~

701

~~prescribed in paragraph (a) by submitting proof of:~~

702

~~1. Successful completion of the total number of required~~

703

~~hours of training before initial application for a Class "D"~~

704

~~license; or~~

705

~~2. Successful completion of 24 hours of training before~~

706

~~initial application for a Class "D" license and successful~~

707

~~completion of the remaining 16 hours of training within 180 days~~

708

~~after the date that the application is submitted. If~~

709

~~documentation of completion of the required training is not~~

710

~~submitted within the specified timeframe, the individual's~~

711

~~license is automatically suspended until such time as proof of~~

712

~~the required training is provided to the department.~~

713

714

suspended or ~~has been~~ revoked~~, suspended~~ pursuant to paragraph

715

(b) ~~subparagraph 2.~~, or is expired for at least 1 year, or

716

~~longer~~ is considered, upon reapplication for a license, an

717

initial applicant and must submit proof of successful completion

718

of 40 hours of professional training at a school or training

719

facility licensed by the department as provided ~~prescribed~~ in

720

paragraph (a) before a license is ~~will be~~ issued. ~~Any person~~

721

~~whose license was issued before January 1, 2007, and whose~~

722

~~license has been expired for less than 1 year must, upon~~

723

~~reapplication for a license, submit documentation of completion~~

724

~~of the total number of hours of training prescribed by law at~~

725

~~the time her or his initial license was issued before another~~

726

~~license will be issued. This subsection does not require an~~

727

~~individual licensed before January 1, 2007, to complete~~

728

~~additional training hours in order to renew an active license,~~

729

~~beyond the required total amount of training within the~~

730

~~timeframe prescribed by law at the time she or he was licensed.~~

731

Section 22. Subsection (2) of section 493.6304, Florida

732

Statutes, is amended to read:

733

493.6304 Security officer school or training facility.--

734

(2) The application shall be signed and verified by the

735

applicant under oath as provided in s. 92.525 ~~notarized~~ and

736

shall contain, at a minimum, the following information:

737

(a) The name and address of the school or training

738

facility and, if the applicant is an individual, her or his

739

name, address, and social security or alien registration number.

740

(b) The street address of the place at which the training

741

is to be conducted.

742

743

examination to be administered.

744

Section 23. Subsections (7) and (8) of section 493.6401,

745

Florida Statutes, are amended to read:

746

493.6401 Classes of licenses.--

747

(7) Any person who operates a recovery agent ~~repossessor~~

748

school or training facility or who conducts an Internet-based

749

training course or a correspondence training course must have a

750

Class "RS" license.

751

(8) Any individual who teaches or instructs at a Class

752

"RS" recovery agent ~~repossessor~~ school or training facility

753

shall have a Class "RI" license.

754

Section 24. Paragraphs (f) and (g) of subsection (1) and

755

subsection (3) of section 493.6402, Florida Statutes, are

756

amended to read:

757

493.6402 Fees.--

758

(1) The department shall establish by rule biennial

759

license fees which shall not exceed the following:

760

(f) Class "RS" license--recovery agent ~~repossessor~~ school

761

or training facility: $60.

762

(g) Class "RI" license--recovery agent ~~repossessor~~ school

763

or training facility instructor: $60.

764

(3) The fees set forth in this section must be paid by

765

~~certified~~ check or money order~~, or, at the discretion of the~~

766

~~department, by agency check~~ at the time the application is

767

approved, except that the applicant for a Class "E," Class "EE,"

768

or Class "MR" license must pay the license fee at the time the

769

application is made. If a license is revoked or denied, or if an

770

application is withdrawn, the license fee shall not be refunded.

771

Section 25. Subsections (1) and (2) of section 493.6406,

772

Florida Statutes, are amended to read:

773

493.6406 Recovery agent ~~Repossession services~~ school or

774

training facility.--

775

(1) Any school, training facility, or instructor who

776

offers the training outlined in s. 493.6403(2) for Class "E" or

777

Class "EE" applicants shall, before licensure of such school,

778

training facility, or instructor, file with the department an

779

application accompanied by an application fee in an amount to be

780

determined by rule, not to exceed $60. The fee shall not be

781

refundable. This training may be offered as face-to-face

782

training, Internet-based training, or correspondence training.

783

(2) The application shall be signed and verified by the

784

applicant under oath as provided in s. 92.525 ~~notarized~~ and

785

shall contain, at a minimum, the following information:

786

(a) The name and address of the school or training

787

facility and, if the applicant is an individual, his or her

788

name, address, and social security or alien registration number.

789

(b) The street address of the place at which the training

790

is to be conducted or the street address of the Class "RS"

791

school offering Internet-based or correspondence training.

792

793

examination to be administered.

794

Section 26. Paragraph (a) of subsection (2) of section

795

501.605, Florida Statutes, is amended to read:

796

501.605 Licensure of commercial telephone sellers.--

797

(2) An applicant for a license as a commercial telephone

798

seller must submit to the department, in such form as it

799

prescribes, a written application for the license. The

800

application must set forth the following information:

801

(a) The true name, date of birth, driver's license number,

802

~~social security number,~~ and home address of the applicant,

803

including each name under which he or she intends to do

804

business.

805

806

The application shall be accompanied by a copy of any: Script,

807

outline, or presentation the applicant will require or suggest a

808

salesperson to use when soliciting, or, if no such document is

809

used, a statement to that effect; sales information or

810

literature to be provided by the applicant to a salesperson; and

811

sales information or literature to be provided by the applicant

812

to a purchaser in connection with any solicitation.

813

Section 27. Paragraph (a) of subsection (1) of section

814

501.607, Florida Statutes, is amended to read:

815

501.607 Licensure of salespersons.--

816

(1) An applicant for a license as a salesperson must

817

submit to the department, in such form as it prescribes, a

818

written application for a license. The application must set

819

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

Section 28. Subsection (2) of section 501.913, Florida

823

Statutes, is amended to read:

824

501.913 Registration.--

825

(2) The completed application shall be accompanied by:

826

(a) Specimens or facsimiles of the label for each brand of

827

antifreeze;

828

(b) An application fee of $200 for each brand; and

829

830

not more than 2 gallons, of each brand of antifreeze.

831

Section 29. Subsection (2) of section 525.01, Florida

832

Statutes, is amended to read:

833

525.01 Gasoline and oil to be inspected.--

834

(2) All petroleum fuels are ~~shall be~~ subject to inspection

835

and analysis by the department. Before selling or offering for

836

sale in this state any petroleum fuel, all manufacturers,

837

terminal suppliers, wholesalers, and importers as defined in s.

838

206.01 ~~jobbers~~ shall file with the department:

839

(a) An affidavit that they desire to do business in this

840

state, and the name and address of the manufacturer of the

841

petroleum fuel.

842

(b) An affidavit stating that the petroleum fuel is in

843

conformity with the standards prescribed by department rule.

844

Section 30. Subsections (1) and (3) of section 525.09,

845

Florida Statutes, are amended to read:

846

525.09 Inspection fee.--

847

(1) For the purpose of defraying the expenses incident to

848

inspecting, testing, and analyzing petroleum fuels in this

849

state, there shall be paid to the department a charge of one-

850

eighth cent per gallon on all gasoline, alternative fuel

851

containing alcohol as defined in s. 525.01(1)(c)1. or 2.,

852

kerosene (except when used as aviation turbine fuel), and #1

853

fuel oil for sale or use in this state. This inspection fee

854

shall be imposed in the same manner as the motor fuel tax

855

pursuant to s. 206.41. Payment shall be made on or before the

856

25th day of each month.

857

(3) All remittances to the department for the inspection

858

tax herein provided shall be accompanied by a detailed report

859

under oath showing the number of gallons of gasoline,

860

alternative fuel containing alcohol as defined in s.

861

525.01(1)(c)1. and 2., kerosene, or fuel oil sold and delivered

862

in each county.

863

Section 31. Section 526.50, Florida Statutes, is amended

864

to read:

865

526.50 Definition of terms.--As used in this part:

866

(1) "Brake fluid" means the fluid intended for use as the

867

liquid medium through which force is transmitted in the

868

hydraulic brake system of a vehicle operated upon the highways.

869

(2) "Brand" means the product name appearing on the label

870

of a container of brake fluid.

871

(3)~~(5)~~ "Container" means any receptacle in which brake

872

fluid is immediately contained when sold, but does not mean a

873

carton or wrapping in which a number of such receptacles are

874

shipped or stored or a tank car or truck.

875

(4)~~(2)~~ "Department" means the Department of Agriculture

876

and Consumer Services.

877

(5) "Formula" means the name of the chemical mixture or

878

composition of the brake fluid product.

879

(6)~~(4)~~ "Labeling" includes all written, printed or graphic

880

representations, in any form whatsoever, imprinted upon or

881

affixed to any container of brake fluid.

882

(7)~~(6)~~ "Permit year" means a period of 12 months

883

commencing July 1 and ending on the next succeeding June 30.

884

(8)~~(7)~~ "Registrant" means any manufacturer, packer,

885

distributor, seller, or other person who has registered a brake

886

fluid with the department.

887

(9)~~(3)~~ "Sell" includes give, distribute, barter, exchange,

888

trade, keep for sale, offer for sale or expose for sale, in any

889

of their variant forms.

890

Section 32. Section 526.51, Florida Statutes, is amended

891

to read:

892

526.51 Registration~~; renewal and~~ fees; departmental

893

expenses; cancellation or refusal to issue or renew.--

894

(1)(a) Application for registration of each brand of brake

895

fluid shall be made on forms to be supplied by the department.

896

The applicant shall give his or her name and address and the

897

brand name of the brake fluid, state that he or she owns the

898

brand name and has complete control over the product sold

899

thereunder in Florida, and provide the name and address of the

900

resident agent in Florida. If the applicant does not own the

901

brand name but wishes to register the product with the

902

department, a notarized affidavit that gives the applicant full

903

authorization to register the brand name and that is signed by

904

the owner of the brand name must accompany the application for

905

registration. The affidavit must include all affected brand

906

names, the owner's company or corporate name and address, the

907

applicant's company or corporate name and address, and a

908

statement from the owner authorizing the applicant to register

909

the product with the department. The owner of the brand name

910

shall maintain complete control over each product sold under

911

that brand name in this state. All first-time brand-formula

912

combination ~~new product~~ applications must be accompanied by a

913

certified report from an independent testing laboratory, setting

914

forth the analysis of the brake fluid which shall show its

915

quality to be not less than the specifications established by

916

the department for brake fluids. A sample of not less than 24

917

fluid ounces of brake fluid shall be submitted, in a container

918

or containers, with labels representing exactly how the

919

containers of brake fluid will be labeled when sold, and the

920

sample and container shall be analyzed and inspected by the

921

Division of Standards in order that compliance with the

922

department's specifications and labeling requirements may be

923

verified. Upon approval of the application, the department shall

924

925

applicant a permit authorizing the registrant to sell the brake

926

fluid in this state during the permit year specified in the

927

permit.

928

(b) Each applicant shall pay a fee of $100 with each

929

application. An applicant seeking reregistration of a previously

930

registered brand-formula combination must submit a completed

931

application and all materials required under this subsection to

932

the department before the first day of the permit year. A brand-

933

formula combination for which a completed application and all

934

materials required under this subsection are not received before

935

the first day of the permit year ceases to be registered with

936

the department until a completed application and all materials

937

required under this subsection are received and approved. Any

938

fee, application, or materials received after the first day of

939

the permit year, if the brand-formula combination was previously

940

registered with the department, ~~A permit may be renewed by~~

941

~~application to the department, accompanied by a renewal fee of~~

942

~~$50 on or before the last day of the permit year immediately~~

943

~~preceding the permit year for which application is made for~~

944

~~renewal of registration. To any fee not paid when due, there~~

945

shall accrue a penalty of $25, which shall be added to the

946

~~renewal~~ fee. ~~Renewals will be accepted only on brake fluids that~~

947

~~have no change in formula, composition, or brand name.~~ Any

948

change in formula, composition, or brand name of any brake fluid

949

constitutes a new product that must be registered in accordance

950

with this part.

951

(2) All fees collected under the provisions of this

952

section shall be credited to the General Inspection Trust Fund

953

of the department and all expenses incurred in the enforcement

954

of this part shall be paid from said fund.

955

(3) The department may cancel or, refuse to issue or

956

~~refuse to renew~~ any registration and permit after due notice and

957

opportunity to be heard if it finds that the brake fluid is

958

adulterated or misbranded or that the registrant has failed to

959

comply with the provisions of this part or the rules and

960

regulations promulgated thereunder.

961

Section 33. Paragraph (a) of subsection (3) of section

962

526.52, Florida Statutes, is amended to read:

963

526.52 Specifications; adulteration and misbranding.--

964

(3) Brake fluid is deemed to be misbranded:

965

(a) If its container does not bear on its side or top a

966

label on which is printed the name and place of business of the

967

registrant of the product, the words "brake fluid," and a

968

statement that the product therein equals or exceeds the minimum

969

specification of the Society of Automotive Engineers for heavy-

970

duty-type brake fluid or equals or exceeds Federal Motor Vehicle

971

Safety Standard No. 116 adopted by the United States Department

972

of Transportation~~, heavy-duty-type~~. By regulation the department

973

may require that the duty-type classification appear on the

974

label.

975

Section 34. Subsection (2) of section 526.53, Florida

976

Statutes, is amended to read:

977

526.53 Enforcement; inspection and analysis, stop-sale and

978

disposition, regulations.--

979

(2)(a) When any brake fluid is sold in violation of any of

980

the provisions of this part, all such affected brake fluid of

981

the same brand name ~~on the same premises on which the violation~~

982

~~occurred~~ shall be placed under a stop-sale order by the

983

department by serving the owner of the brand name, distributor,

984

or other entity responsible for selling or distributing the

985

product in the state with the stop-sale order. The department

986

shall withdraw its stop-sale order upon the removal of the

987

violation or upon voluntary destruction of the product, or other

988

disposal approved by the department, under the supervision of

989

the department.

990

(b) In addition to being subject to the stop-sale

991

procedures above, unregistered brake fluid shall be held by the

992

department or its representative, at a place to be designated in

993

the stop-sale order, until properly registered and released in

994

writing by the department or its representative. If application

995

is ~~has~~ not ~~been~~ made for registration of the ~~such~~ product within

996

30 days after issue of the stop-sale order, such product shall

997

be disposed of by the department, or, with the department's

998

consent, by the business, to any tax-supported institution or

999

agency of the state if the brake fluid meets legal

1000

specifications or by other disposal authorized by rule of the

1001

department if it fails to meet legal specifications.

1002

Section 35. Subsections (2) and (5) of section 527.02,

1003

Florida Statutes, are amended to read:

1004

527.02 License; penalty; fees.--

1005

(2) Each business location of a person having multiple

1006

locations shall be separately licensed and must meet the

1007

requirements of this section. Such license shall be granted to

1008

any applicant determined by the department to be competent,

1009

qualified, and trustworthy who files with the department a

1010

surety bond, insurance affidavit, or other proof of insurance,

1011

as hereinafter specified, and pays for such license the

1012

following original application fee for new licenses and annual

1013

renewal fees for existing licenses:

1014

License Category

OriginalApplication Fee

RenewalFee

1015

Category I liquefied petroleumgas dealer . . . . . . . . . . . .

$600 ~~$525~~

$500 ~~$425~~

1016

Category II liquefied petroleumgas dispenser . . . . . . . . . . . .

525

425 ~~375~~

1017

Category III liquefied petroleumgas cylinder exchange unitoperator . . . . . . . . . . . .

125 ~~100~~

75 65

1018

Category IV liquefied petroleum gas dispenser and recreational vehicle servicer . . . . . . . . . . . .

525

425 ~~400~~

1019

Category V liquefied petroleumpetroleum gases dealer for industrial uses only . . . . . . . . . . . .

350 ~~300~~

275 ~~200~~

1020

LP gasinstaller . . . . . . . . . . . .

400 ~~300~~

300 ~~200~~

1021

Specialtyinstaller . . . . . . . . . . . .

300

250 ~~200~~

1022

Dealer in appliances and equipmentfor use of liquefied petroleumgas . . . . . . . . . . . .

1023

Manufacturer of liquefiedpetroleum gas appliances andequipment . . . . . . . . . . . .

525

425 ~~375~~

1024

Requalifier ofcylinders . . . . . . . . . . . .

525

425 ~~375~~

1025

Fabricator, repairer, andtester of vehicles and cargotanks . . . . . . . . . . . .

525

425 ~~375~~

1026

1027

(5) The license fee for a pipeline system operator shall

1028

be $350 ~~$100 per system owned or operated by the person, not to~~

1029

~~exceed $400 per license year~~. Such license fee applies only to a

1030

pipeline system operator who owns or operates a liquefied

1031

petroleum gas pipeline system that is used to transmit liquefied

1032

petroleum gas from a common source to the ultimate customer and

1033

that serves 10 or more customers. The license shall be renewed

1034

each year at a fee of $275 per year.

1035

Section 36. Subsections (1) and (3) and paragraphs (a) and

1036

1037

amended to read:

1038

527.0201 Qualifiers; master qualifiers; examinations.--

1039

(1) In addition to the requirements of s. 527.02, any

1040

person applying for a license to engage in the activities of a

1041

pipeline system operator, category I liquefied petroleum gas

1042

dealer, category II liquefied petroleum gas dispenser, category

1043

IV liquefied petroleum gas dispenser and recreational vehicle

1044

servicer, category V liquefied petroleum gases dealer for

1045

industrial uses only, LP gas installer, specialty installer,

1046

requalifier ~~requalification~~ of cylinders, or fabricator,

1047

repairer, and tester of vehicles and cargo tanks must prove

1048

competency by passing a written examination administered by the

1049

department or its agent with a grade of at least 75 percent in

1050

each area tested ~~or above~~. Each applicant for examination shall

1051

submit a $30 ~~$20~~ nonrefundable fee. The department shall by rule

1052

specify the general areas of competency to be covered by each

1053

examination and the relative weight to be assigned in grading

1054

each area tested.

1055

(3) Qualifier cards issued to category I liquefied

1056

petroleum gas dealers and liquefied petroleum gas installers

1057

shall expire 3 years after the date of issuance. All category I

1058

liquefied petroleum gas dealer qualifiers and liquefied

1059

petroleum gas installer qualifiers holding a valid qualifier

1060

card upon the effective date of this act shall retain their

1061

qualifier status until July 1, 2003, and may sit for the master

1062

qualifier examination at any time during that time period. All

1063

such category I liquefied petroleum gas dealer qualifiers and

1064

liquefied petroleum gas installer qualifiers may renew their

1065

qualification on or before July 1, 2003, upon application to the

1066

department, payment of a $20 renewal fee, and documentation of

1067

the completion of a minimum of 16 12 hours of approved

1068

continuing education courses, as defined by department rule,

1069

during the previous 3-year period. Applications for renewal must

1070

be made 30 calendar days prior to expiration. Persons failing to

1071

renew prior to the expiration date must reapply and take a

1072

qualifier competency examination in order to reestablish

1073

category I liquefied petroleum gas dealer qualifier and

1074

liquefied petroleum gas installer qualifier status. If a

1075

category I liquefied petroleum gas qualifier or liquefied

1076

petroleum gas installer qualifier becomes a master qualifier at

1077

any time during the effective date of the qualifier card, the

1078

card shall remain in effect until expiration of the master

1079

qualifier certification.

1080

(5) In addition to all other licensing requirements, each

1081

category I liquefied petroleum gas dealer and liquefied

1082

petroleum gas installer must, at the time of application for

1083

licensure, identify to the department one master qualifier who

1084

is a full-time employee at the licensed location. This person

1085

shall be a manager, owner, or otherwise primarily responsible

1086

for overseeing the operations of the licensed location and must

1087

provide documentation to the department as provided by rule. The

1088

master qualifier requirement shall be in addition to the

1089

requirements of subsection (1).

1090

(a) In order to apply for certification as a master

1091

qualifier, each applicant must be a category I liquefied

1092

petroleum gas dealer qualifier or liquefied petroleum gas

1093

installer qualifier, must be employed by a licensed category I

1094

liquefied petroleum gas dealer, liquefied petroleum gas

1095

installer, or applicant for such license, must provide

1096

documentation of a minimum of 1 year's work experience in the

1097

gas industry, and must pass a master qualifier competency

1098

examination. Master qualifier examinations shall be based on

1099

Florida's laws, rules, and adopted codes governing liquefied

1100

petroleum gas safety, general industry safety standards, and

1101

administrative procedures. The examination must be successfully

1102

passed ~~completed~~ by the applicant with a grade of at least 75

1103

percent ~~or more~~. Each applicant for master qualifier status

1104

shall submit to the department a nonrefundable $50 ~~$30~~

1105

examination fee prior to the examination.

1106

1107

date of issuance of the certificate and may be renewed by

1108

submission to the department of documentation of completion of

1109

at least 16 12 hours of approved continuing education courses

1110

during the 3-year period; proof of employment with a licensed

1111

category I liquefied petroleum gas dealer, liquefied petroleum

1112

gas installer, or applicant; and a $30 certificate renewal fee.

1113

The department shall define, by rule, approved courses of

1114

continuing education.

1115

Section 37. Subsection (4) of section 527.021, Florida

1116

Statutes, is amended to read:

1117

527.021 Registration of transport vehicles.--

1118

(4) An inspection fee of $75 ~~$50~~ shall be assessed for

1119

each registered vehicle inspected by the department pursuant to

1120

s. 527.061. Registered vehicles shall be inspected annually. All

1121

inspection fees collected in connection with this section shall

1122

be deposited in the General Inspection Trust Fund for the

1123

purpose of administering the provisions of this chapter.

1124

Section 38. Section 527.12, Florida Statutes, is amended

1125

to read:

1126

527.12 Cease and desist orders; stop-use orders; stop-

1127

operation orders; stop-sale orders; administrative fines.--

1128

(1) Whenever the department has ~~shall have~~ reason to

1129

believe that any person is violating or has violated ~~been~~

1130

~~violating provisions of~~ this chapter or any rules adopted under

1131

this chapter ~~pursuant thereto~~, the department it may issue a

1132

cease and desist order, or impose a civil penalty, or do both

1133

~~may issue such cease and desist order and impose a civil~~

1134

~~penalty~~.

1135

(2) Whenever a person or liquefied petroleum gas system or

1136

storage facility, or any part or component thereof, fails to

1137

comply with this chapter or any rules adopted under this

1138

chapter, the department may issue a stop-use order, stop-

1139

operation order, or stop-sale order.

1140

Section 39. Subsection (1) of section 559.801, Florida

1141

Statutes, is amended to read:

1142

559.801 Definitions.--For the purpose of ss. 559.80-

1143

559.815, the term:

1144

(1)(a) "Business opportunity" means the sale or lease of

1145

any products, equipment, supplies, or services which are sold or

1146

leased to a purchaser to enable the purchaser to start a

1147

business for which the purchaser is required to pay an initial

1148

fee or sum of money which exceeds $500 to the seller, and in

1149

which the seller represents:

1150

1. That the seller or person or entity affiliated with or

1151

referred by the seller will provide locations or assist the

1152

purchaser in finding locations for the use or operation of

1153

vending machines, racks, display cases, currency or card

1154

operated equipment, or other similar devices or currency-

1155

operated amusement machines or devices on premises neither owned

1156

nor leased by the purchaser or seller;

1157

2. That the seller will purchase any or all products made,

1158

produced, fabricated, grown, bred, or modified by the purchaser

1159

using in whole or in part the supplies, services, or chattels

1160

sold to the purchaser;

1161

3. That the seller guarantees that the purchaser will

1162

derive income from the business opportunity which exceeds the

1163

price paid or rent charged for the business opportunity or that

1164

the seller will refund all or part of the price paid or rent

1165

charged for the business opportunity, or will repurchase any of

1166

the products, equipment, supplies, or chattels supplied by the

1167

seller, if the purchaser is unsatisfied with the business

1168

opportunity; or

1169

4. That the seller will provide a sales program or

1170

marketing program that will enable the purchaser to derive

1171

income from the business opportunity, except that this paragraph

1172

does not apply to the sale of a sales program or marketing

1173

program made in conjunction with the licensing of a trademark or

1174

service mark that is registered under the laws of any state or

1175

of the United States if the seller requires use of the trademark

1176

or service mark in the sales agreement.

1177

1178

For the purpose of subparagraph 1., the term "assist the

1179

purchaser in finding locations" means, but is not limited to,

1180

supplying the purchaser with names of locator companies,

1181

contracting with the purchaser to provide assistance or supply

1182

names, or collecting a fee on behalf of or for a locator

1183

company.

1184

(b) "Business opportunity" does not include:

1185

1. The sale of ongoing businesses when the owner of those

1186

businesses sells and intends to sell only those business

1187

opportunities so long as those business opportunities to be sold

1188

are no more than five in number; or

1189

2. The not-for-profit sale of sales demonstration

1190

equipment, materials, or samples for a price that does not

1191

exceed $500 or any sales training course offered by the seller

1192

the cost of which does not exceed $500.~~; or~~

1193

~~3. The sale or lease of laundry and drycleaning equipment.~~

1194

Section 40. Subsection (1) of section 559.805, Florida

1195

Statutes, is amended to read:

1196

559.805 Filings with the department; disclosure of

1197

advertisement identification number.--

1198

(1) Every seller of a business opportunity shall annually

1199

file with the department a copy of the disclosure statement

1200

required by s. 559.803 before ~~prior to~~ placing an advertisement

1201

or making any other representation designed to offer to, sell

1202

to, or solicit an offer to buy a business opportunity from a

1203

prospective purchaser in this state and shall update this filing

1204

by reporting any material change in the required information

1205

within 30 days after the material change occurs. An

1206

advertisement is not placed in the state merely because the

1207

publisher circulates, or there is circulated on his or her

1208

behalf in the state, any bona fide newspaper or other

1209

publication of general, regular, and paid circulation which has

1210

had more than two-thirds of its circulation during the past 12

1211

months outside the state or because a radio or television

1212

program originating outside the state is received in the state.

1213

If the seller is required by s. 559.807 to provide a bond or

1214

establish a trust account or guaranteed letter of credit, he or

1215

she shall contemporaneously file with the department a copy of

1216

the bond, a copy of the formal notification by the depository

1217

that the trust account is established, or a copy of the

1218

guaranteed letter of credit. Every seller of a business

1219

opportunity shall file with the department a list of independent

1220

agents who will engage in the offer or sale of business

1221

opportunities on behalf of the seller in this state. This list

1222

must be kept current and shall include the following

1223

information: name, home and business address, telephone number,

1224

present employer, ~~social security number,~~ and birth date. A No

1225

person may not ~~shall be allowed to~~ offer or sell business

1226

opportunities unless the required information is ~~has been~~

1227

provided to the department.

1228

Section 41. Subsection (3) of section 559.928, Florida

1229

Statutes, is amended to read:

1230

559.928 Registration.--

1231

(3) Each independent agent shall annually file an

1232

affidavit with the department before ~~prior to~~ engaging in

1233

business in this state. This affidavit must include the

1234

independent agent's full name, legal business or trade name,

1235

mailing address, business address, telephone number, ~~social~~

1236

~~security number,~~ and the name or names and addresses of each

1237

seller of travel represented by the independent agent. A letter

1238

evidencing proof of filing must be issued by the department and

1239

must be prominently displayed in the independent agent's primary

1240

place of business. Each independent agent must also submit an

1241

annual registration fee of $50. All moneys collected pursuant to

1242

the imposition of the fee shall be deposited by the Chief

1243

Financial Officer into the General Inspection Trust Fund of the

1244

Department of Agriculture and Consumer Services for the sole

1245

purpose of administrating this part. As used in this subsection,

1246

the term "independent agent" means a person who represents a

1247

seller of travel by soliciting persons on its behalf; who has a

1248

written contract with a seller of travel which is operating in

1249

compliance with this part and any rules adopted thereunder; who

1250

does not receive a fee, commission, or other valuable

1251

consideration directly from the purchaser for the seller of

1252

travel; who does not at any time have any unissued ticket stock

1253

or travel documents in his or her possession; and who does not

1254

have the ability to issue tickets, vacation certificates, or any

1255

other travel document. The term "independent agent" does not

1256

include an affiliate of the seller of travel, as that term is

1257

used in s. 559.935(3), or the employees of the seller of travel

1258

or of such affiliates.

1259

Section 42. Subsection (7) of section 570.0725, Florida

1260

Statutes, is amended to read:

1261

570.0725 Food recovery; legislative intent; department

1262

functions.--

1263

(7) For public information purposes, the department may

1264

~~shall~~ develop and provide a public information ~~brochure~~

1265

detailing the need for food banks and similar of food recovery

1266

programs, the benefit of such ~~food recovery~~ programs, the manner

1267

in which ~~such~~ organizations may become involved in such ~~food~~

1268

~~recovery~~ programs, and the protection afforded to such programs

1269

under s. 768.136~~, and the food recovery entities or food banks~~

1270

~~that exist in the state~~. ~~This brochure must be updated annually.~~

1271

A food bank or similar food recovery organization seeking to be

1272

included on a list of such organizations must notify the

1273

department and provide the information required by rule of the

1274

department. Such organizations are responsible for updating the

1275

information and providing the updated information to the

1276

department. The department may adopt rules to implement this

1277

section.

1278

Section 43. Paragraph (e) of subsection (6) of section

1279

570.53, Florida Statutes, is amended to read:

1280

570.53 Division of Marketing and Development; powers and

1281

duties.--The powers and duties of the Division of Marketing and

1282

Development include, but are not limited to:

1283

(6)

1284

(e) Extending in every practicable way the distribution

1285

and sale of Florida agricultural products throughout the markets

1286

of the world as required of the department by s. ~~ss.~~ 570.07(7),

1287

(8), (10), and (11) ~~and 570.071~~ and chapters 571, 573, and 574.

1288

Section 44. Subsection (2) of section 570.54, Florida

1289

Statutes, is amended to read:

1290

570.54 Director; duties.--

1291

(2) It shall be the duty of the director of this division

1292

to supervise, direct, and coordinate the activities authorized

1293

by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and

1294

(20), ~~570.071,~~ 570.21, 534.47-534.53, and 604.15-604.34 and

1295

chapters 504, 571, 573, and 574 and to exercise other powers and

1296

authority as authorized by the department.

1297

Section 45. Subsection (4) of section 570.55, Florida

1298

Statutes, is amended to read:

1299

570.55 Identification of sellers or handlers of tropical

1300

or subtropical fruit and vegetables; containers specified;

1301

penalties.--

1302

(4) IDENTIFICATION OF HANDLER.--At the time of each

1303

transaction involving the handling or sale of 55 pounds or more

1304

of tropical or subtropical fruit or vegetables in the primary

1305

channel of trade, the buyer or receiver of the tropical or

1306

subtropical fruit or vegetables shall demand a bill of sale,

1307

invoice, sales memorandum, or other document listing the date of

1308

the transaction, the quantity of the tropical or subtropical

1309

fruit or vegetables involved in the transaction, and the

1310

identification of the seller or handler as it appears on the

1311

driver's license of the seller or handler, including the

1312

driver's license number. If the seller or handler does not

1313

possess a driver's license, the buyer or receiver shall use any

1314

other acceptable means of identification, which may include, but

1315

is not limited to, ~~i.e.,~~ voter's registration card and number,

1316

draft card, ~~social security card,~~ or other identification.

1317

However, no less than two identification documents shall be

1318

used. The identification of the seller or handler shall be

1319

recorded on the bill of sale, sales memorandum, invoice, or

1320

voucher, which shall be retained by the buyer or receiver for a

1321

period of not less than 1 year from the date of the transaction.

1322

Section 46. Subsection (3) of section 570.902, Florida

1323

Statutes, is amended to read:

1324

570.902 Definitions; ss. 570.902 and 570.903.--For the

1325

purpose of ss. 570.902 and 570.903:

1326

~~(3) "Museum" means the Florida Agricultural Museum which~~

1327

~~is designated as the museum for agriculture and rural history of~~

1328

~~the State of Florida.~~

1329

Section 47. Section 570.903, Florida Statutes, is amended

1330

to read:

1331

570.903 Direct-support organization.--

1332

(1) When the Legislature authorizes the establishment of a

1333

direct-support organization to provide assistance for the

1334

~~museums,~~ the Florida Agriculture in the Classroom Program, ~~the~~

1335

~~Florida State Collection of Arthropods,~~ the Friends of the

1336

Florida State Forests Program of the Division of Forestry, and

1337

the Forestry Arson Alert Program, and other programs of the

1338

department, the following provisions shall govern the creation,

1339

use, powers, and duties of the direct-support organization.

1340

(a) The department shall enter into a memorandum or letter

1341

of agreement with the direct-support organization, which shall

1342

specify the approval of the department, the powers and duties of

1343

the direct-support organization, and rules with which the

1344

direct-support organization shall comply.

1345

(b) The department may permit, without charge, appropriate

1346

use of property, facilities, and personnel of the department by

1347

a direct-support organization, subject to the provisions of ss.

1348

570.902 and 570.903. The use shall be directly in keeping with

1349

the approved purposes of the direct-support organization and

1350

shall not be made at times or places that would unreasonably

1351

interfere with opportunities for the general public to use

1352

department facilities for established purposes.

1353

1354

conditions with which a direct-support organization shall comply

1355

in order to use property, facilities, or personnel of the

1356

department ~~or museum~~. Such rules shall provide for budget and

1357

audit review and oversight by the department.

1358

(d) The department shall not permit the use of property,

1359

facilities, or personnel of the ~~museum,~~ department, or

1360

designated program by a direct-support organization which does

1361

not provide equal employment opportunities to all persons

1362

regardless of race, color, religion, sex, age, or national

1363

origin.

1364

(2)(a) The direct-support organization shall be empowered

1365

to conduct programs and activities; raise funds; request and

1366

receive grants, gifts, and bequests of money; acquire, receive,

1367

hold, invest, and administer, in its own name, securities,

1368

funds, objects of value, or other property, real or personal;

1369

and make expenditures to or for the direct or indirect benefit

1370

of the ~~museum or~~ designated program.

1371

(b) Notwithstanding the provisions of s. 287.057, the

1372

direct-support organization may enter into contracts or

1373

agreements with or without competitive bidding for the

1374

~~restoration of objects, historical buildings, and other~~

1375

~~historical materials or for the purchase of objects, historical~~

1376

~~buildings, and other historical materials which are to be added~~

1377

~~to the collections of the museum, or~~ benefit of the designated

1378

program. However, before the direct-support organization may

1379

enter into a contract or agreement without competitive bidding,

1380

the direct-support organization shall file a certification of

1381

conditions and circumstances with the internal auditor of the

1382

department justifying each contract or agreement.

1383

1384

the direct-support organization may enter into contracts to

1385

insure property of the ~~museum or~~ designated programs ~~and may~~

1386

~~insure objects or collections on loan from others in satisfying~~

1387

~~security terms of the lender~~.

1388

(3) The direct-support organization shall provide for an

1389

annual financial audit in accordance with s. 215.981.

1390

(4) Neither a designated program ~~or a museum~~, nor a

1391

nonprofit corporation trustee or employee may:

1392

(a) Receive a commission, fee, or financial benefit in

1393

connection with the sale or exchange of property ~~historical~~

1394

~~objects or properties~~ to the direct-support organization~~, the~~

1395

~~museum,~~ or the designated program; or

1396

(b) Be a business associate of any individual, firm, or

1397

organization involved in the sale or exchange of property to the

1398

direct-support organization~~, the museum,~~ or the designated

1399

program.

1400

(5) All moneys received by the direct-support organization

1401

shall be deposited into an account of the direct-support

1402

organization and shall be used by the organization in a manner

1403

consistent with the goals of ~~the museum~~ or designated program.

1404

(6) The identity of a donor or prospective donor who

1405

desires to remain anonymous and all information identifying such

1406

donor or prospective donor are confidential and exempt from the

1407

provisions of s. 119.07(1) and s. 24(a), Art. I of the State

1408

Constitution.

1409

(7) The Commissioner of Agriculture, or the commissioner's

1410

designee, may serve on the board of trustees and the executive

1411

committee of any direct-support organization established to

1412

benefit the museum or any designated program.

1413

~~(8) The department shall establish by rule archival~~

1414

~~procedures relating to museum artifacts and records. The rules~~

1415

~~shall provide procedures which protect the museum's artifacts~~

1416

~~and records equivalent to those procedures which have been~~

1417

~~established by the Department of State under chapters 257 and~~

1418

~~267.~~

1419

Section 48. Subsection (4) of section 573.118, Florida

1420

Statutes, is amended to read:

1421

573.118 Assessment; funds; audit; loans.--

1422

(4) In the event of levying and collecting of assessments,

1423

for each fiscal year in which assessment funds are received by

1424

the department, the department shall maintain records of

1425

collections and expenditures for each marketing order separately

1426

within the state's accounting system. If requested by an

1427

advisory council, department staff shall cause to be made a

1428

thorough ~~annual~~ audit of the ~~books and~~ accounts ~~by a certified~~

1429

~~public accountant~~, such audit to be completed within 60 days

1430

after the request is received ~~end of the fiscal year~~. The

1431

advisory council ~~department and all producers and handlers~~

1432

~~covered by the marketing order~~ shall be provided a copy of the

1433

~~properly advised of the details of the annual official~~ audit of

1434

the accounts ~~as shown by the certified public accountant~~ within

1435

30 days after completion of the audit.

1436

Section 49. Subsections (18) through (30) of section

1437

581.011, Florida Statutes, are renumbered as subsections (17)

1438

through (29), respectively, and present subsections (17) and

1439

(20) of that section are amended to read:

1440

581.011 Definitions.--As used in this chapter:

1441

~~(17) "Museum" means the Florida State Collection of~~

1442

~~Arthropods.~~

1443

(19)~~(20)~~ "Nursery" means any grounds or premises on or in

1444

which nursery stock is grown, propagated, or held for sale or

1445

distribution, including ~~except where~~ aquatic plant species ~~are~~

1446

tended for harvest in the natural environment.

1447

Section 50. Paragraph (d) of subsection (14) of section

1448

581.031, Florida Statutes, is amended to read:

1449

581.031 Department; powers and duties.--The department has

1450

the following powers and duties:

1451

(14)

1452

(d) To prescribe a fee for these services, if ~~provided~~ the

1453

fee does not exceed the cost of the services rendered. Annual

1454

citrus source tree registration fees shall not exceed $15 $5 per

1455

tree. If the fee has not been paid within 30 days of billing, a

1456

penalty of $10 or 20 percent of the unpaid balance, whichever is

1457

greater, shall be assessed.

1458

Section 51. Subsection (6) of section 581.131, Florida

1459

Statutes, is amended to read:

1460

581.131 Certificate of registration.--

1461

(6) Neither the certificate of registration fee nor the

1462

annual renewal fee shall exceed $600 ~~$460~~. The department may

1463

exempt from the payment of a certificate fee those governmental

1464

agency nurseries whose nursery stock is used exclusively for

1465

planting on their own property.

1466

Section 52. Paragraph (a) of subsection (3) of section

1467

581.211, Florida Statutes, is amended to read:

1468

581.211 Penalties for violations.--

1469

(3)(a)1. In addition to any other provision of law, the

1470

department may, after notice and hearing, impose an

1471

administrative fine not exceeding $10,000 ~~$5,000~~ for each

1472

violation of this chapter, upon any person, nurseryman, stock

1473

dealer, agent or plant broker. The fine, when paid, shall be

1474

deposited in the Plant Industry Trust Fund. In addition, the

1475

department may place the violator on probation for up to 1 year,

1476

with conditions.

1477

2. The imposition of a fine or probation pursuant to this

1478

subsection may be in addition to or in lieu of the suspension or

1479

revocation of a certificate of registration or certificate of

1480

inspection.

1481

Section 53. Section 583.13, Florida Statutes, is amended

1482

to read:

1483

583.13 Labeling and advertising requirements for dressed

1484

poultry; unlawful acts.--

1485

(1) It is unlawful for any dealer or broker to sell, offer

1486

for sale, or hold for the purpose of sale in the state any

1487

dressed or ready-to-cook poultry in bulk unless the ~~such~~ poultry

1488

is packed in a container clearly bearing a label, not less than

1489

3 inches by 5 inches, on which shall be plainly and legibly

1490

printed, in letters of not less than one-fourth inch ~~1/4~~ in

1491

height, ~~the grade and~~ the part name or whole-bird statement of

1492

such poultry. ~~The grade may be expressed in the term "premium,"~~

1493

~~"good," or "standard," or as the grade of another state or~~

1494

~~federal agency the standards of quality of which, by law, are~~

1495

~~equal to the standards of quality provided by this law and rules~~

1496

~~promulgated hereunder.~~

1497

(2) It is unlawful to sell unpackaged dressed or ready-to-

1498

cook poultry at retail unless such poultry is labeled by a

1499

placard immediately adjacent to the poultry or unless each bird

1500

is individually labeled to show ~~the grade and~~ the part name or

1501

whole-bird statement. The placard shall be no smaller than 7

1502

inches by 7 inches in size, and the required labeling

1503

information shall be legibly and plainly printed on the placard

1504

in letters not smaller than 1 inch in height.

1505

(3) It is unlawful to sell packaged dressed or ready-to-

1506

cook poultry at retail unless such poultry is labeled to show

1507

~~the grade,~~ the part name or whole-bird statement, the net weight

1508

of the poultry, and the name and address of the dealer. The size

1509

of the type on the label must be one-eighth inch or larger. A

1510

placard immediately adjacent to such poultry may be used to

1511

indicate ~~the grade and~~ the part name or whole-bird statement,

1512

but not the net weight of the poultry or the name and address of

1513

the dealer.

1514

(4) It is unlawful to use dressed or ready-to-cook poultry

1515

in bulk in the preparation of food served to the public, or to

1516

hold such poultry for the purpose of such use, unless the

1517

poultry when received was packed in a container clearly bearing

1518

a label, not less than 3 inches by 5 inches, on which was

1519

plainly and legibly printed, in letters not less than one-fourth

1520

inch in height, ~~the grade and~~ the part name or whole-bird

1521

statement of such poultry. ~~The grade may be expressed in the~~

1522

~~term "premium," "good," or "standard," or as the grade of~~

1523

~~another state or federal agency the standards of quality of~~

1524

~~which, by law, are equal to the standards of quality provided by~~

1525

~~this law and rules promulgated hereunder.~~

1526

(5) It is unlawful to offer dressed or ready-to-cook

1527

poultry for sale in any advertisement in a newspaper or

1528

circular, on radio or television, or in any other form of

1529

advertising without plainly designating in such advertisement

1530

~~the grade and~~ the part name or whole-bird statement of such

1531

poultry.

1532

Section 54. Subsections (4) and (5) of section 590.125,

1533

Florida Statutes, are renumbered as subsections (5) and (6),

1534

respectively, subsection (1), paragraph (b) of subsection (3),

1535

and paragraph (c) of present subsection (4) are amended, and new

1536

subsections (4) and (7) are added to that section, to read:

1537

590.125 Open burning authorized by the division.--

1538

(1) DEFINITIONS.--As used in this section, the term:

1539

(a) "Certified pile burner" means an individual who

1540

successfully completes the division's pile burning certification

1541

program and possesses a valid pile burner certification number.

1542

(b) "Certified prescribed burn manager" means an

1543

individual who successfully completes the certified prescribed

1544

burning ~~certification~~ program of the division and possesses a

1545

valid certification number.

1546

(c)~~(d)~~ "Extinguished" means:

1547

1. ~~that no spreading flame~~ For wild land burning or

1548

certified prescribed burning, that no spreading flames exist.

1549

2. ~~and no visible flame, smoke, or emissions~~ For

1550

vegetative land-clearing debris burning or pile burning, that no

1551

visible flames exist.

1552

3. For vegetative land-clearing debris burning or pile

1553

burning in an area designated as smoke sensitive by the

1554

division, that no visible flames, smoke, or emissions exist.

1555

(d) "Land-clearing operation" means the uprooting or

1556

clearing of vegetation in connection with the construction of

1557

buildings and rights-of-way, land development, and mineral

1558

operations. The term does not include the clearing of yard

1559

trash.

1560

(e) "Pile burning" means the burning of silvicultural,

1561

agricultural, or land-clearing and tree-cutting debris

1562

originating onsite, which is stacked together in a round or

1563

linear fashion, including, but not limited to, a windrow.

1564

(f)~~(a)~~ "Prescribed burning" means the controlled

1565

application of fire in accordance with a written prescription

1566

for vegetative fuels under specified environmental conditions

1567

while following appropriate precautionary measures that ensure

1568

that the fire is confined to a predetermined area to accomplish

1569

the planned fire or land-management objectives.

1570

(g)~~(c)~~ "Prescription" means a written plan establishing

1571

the criteria necessary for starting, controlling, and

1572

extinguishing a prescribed burn.

1573

(h) "Yard trash" means vegetative matter resulting from

1574

landscaping and yard maintenance operations and other such

1575

routine property cleanup activities. The term includes materials

1576

such as leaves, shrub trimmings, grass clippings, brush, and

1577

palm fronds.

1578

(3) CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND

1579

PURPOSE.--

1580

(b) Certified prescribed burning pertains only to

1581

broadcast burning for purposes of silviculture, wildlife

1582

management, ecological maintenance and restoration, and range

1583

and pasture management. It must be conducted in accordance with

1584

this subsection and:

1585

1. May be accomplished only when a certified prescribed

1586

burn manager is present on site with a copy of the prescription

1587

from ignition of the burn to its completion.

1588

2. Requires that a written prescription be prepared before

1589

receiving authorization to burn from the division.

1590

3. Requires that the specific consent of the landowner or

1591

his or her designee be obtained before requesting an

1592

authorization.

1593

4. Requires that an authorization to burn be obtained from

1594

the division before igniting the burn.

1595

5. Requires that there be adequate firebreaks at the burn

1596

site and sufficient personnel and firefighting equipment for the

1597

control of the fire.

1598

6. Is considered to be in the public interest and does not

1599

constitute a public or private nuisance when conducted under

1600

applicable state air pollution statutes and rules.

1601

7. Is considered to be a property right of the property

1602

owner if vegetative fuels are burned as required in this

1603

subsection.

1604

(4) CERTIFIED PILE BURNING; LEGISLATIVE FINDINGS AND

1605

PURPOSE.--

1606

(a) Pile burning is a tool that benefits current and

1607

future generations in Florida by disposing of naturally

1608

occurring vegetative debris through burning rather than

1609

disposing of the debris in landfills.

1610

(b) Certified pile burning pertains to the disposal of

1611

piled, naturally occurring debris from an agricultural,

1612

silvicultural, or temporary land-clearing operation. A land-

1613

clearing operation is temporary if it operates for 6 months or

1614

less. Certified pile burning must be conducted in accordance

1615

with this subsection, and:

1616

1. A certified pile burner must ensure, before ignition,

1617

that the piles are properly placed and that the content of the

1618

piles is conducive to efficient burning.

1619

2. A certified pile burner must ensure that the piles are

1620

properly extinguished no later than 1 hour after sunset. If the

1621

burn is conducted in an area designated by the division as smoke

1622

sensitive, a certified pile burner must ensure that the piles

1623

are properly extinguished at least 1 hour before sunset.

1624

3. A written pile burn plan must be prepared before

1625

receiving authorization from the division to burn.

1626

4. The specific consent of the landowner or his or her

1627

agent must be obtained before requesting authorization to burn.

1628

5. An authorization to burn must be obtained from the

1629

division or its designated agent before igniting the burn.

1630

6. There must be adequate firebreaks and sufficient

1631

personnel and firefighting equipment at the burn site to control

1632

the fire.

1633

1634

subsection, the property owner and his or her agent are not

1635

liable under s. 590.13 for damage or injury caused by the fire

1636

or resulting smoke, and are not in violation of subsection (2),

1637

unless gross negligence is proven.

1638

(d) A certified pile burner who violates this section

1639

commits a misdemeanor of the second degree, punishable as

1640

provided in s. 775.082 or s. 775.083.

1641

(e) The division shall adopt rules regulating certified

1642

pile burning. The rules shall include procedures and criteria

1643

for certifying and decertifying certified pile burn managers

1644

based on past experience, training, and record of compliance

1645

with this section.

1646

(5)~~(4)~~ WILDFIRE HAZARD REDUCTION TREATMENT BY THE

1647

DIVISION.--The division may conduct fuel reduction initiatives,

1648

including, but not limited to, burning and mechanical and

1649

chemical treatment, on any area of wild land within the state

1650

which is reasonably determined to be in danger of wildfire in

1651

accordance with the following procedures:

1652

1653

~~include with the annual tax statement,~~ a notice to ~~be sent to~~

1654

all landowners in each area ~~township~~ designated by the division

1655

as a wildfire hazard area. The notice must describe particularly

1656

the area to be treated and the tentative date or dates of the

1657

treatment and must list the reasons for and the expected

1658

benefits from the wildfire hazard reduction.

1659

(7) DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING

1660

AUTHORIZATION PROGRAMS.--

1661

(a) A county or municipality may exercise the division's

1662

authority, if delegated by the division under this subsection,

1663

to issue authorizations for the burning of yard trash or debris

1664

from land-clearing operations. A county's or municipality's

1665

existing or proposed open burning authorization program must:

1666

1. Be approved by the division. The division shall not

1667

approve a program if it fails to meet the requirements of

1668

subsections (2) and (4) and any rules adopted under those

1669

subsections.

1670

2. Provide by ordinance or local law the requirements for

1671

obtaining and performing a burn authorization that comply with

1672

subsections (2) and (4) and any rules adopted under those

1673

subsections.

1674

3. Provide for the enforcement of the program's

1675

requirements.

1676

4. Provide financial, personnel, and other resources

1677

needed to carry out the program.

1678

(b) If the division determines that a county's or

1679

municipality's open burning authorization program does not

1680

comply with subsections (2) and (4) and any rules adopted under

1681

those subsections, the division shall require the county or

1682

municipality to take necessary corrective actions within a

1683

reasonable period, not to exceed 90 days.

1684

1. If the county or municipality fails to take the

1685

necessary corrective actions within the required period, the

1686

division shall resume administration of the open burning

1687

authorization program in the county or municipality and the

1688

county or municipality shall cease administration of its

1689

program.

1690

2. Each county and municipality administering an open

1691

burning authorization program must cooperate with and assist the

1692

division in carrying out the division's powers, duties, and

1693

functions.

1694

3. A person who violates the requirements of a county's or

1695

municipality's open burning authorization program, as provided

1696

by ordinance or local law enacted pursuant to this section,

1697

commits a violation of this chapter, punishable as provided in

1698

s. 590.14.

1699

Section 55. Subsection (4) of section 590.14, Florida

1700

Statutes, is renumbered as subsection (7), subsections (1) and

1701

(3) are amended, and new subsections (4), (5), and (6) are added

1702

to that section, to read:

1703

590.14 Notice of violation; penalties.--

1704

(1) If a division employee determines that a person has

1705

violated chapter 589, or this chapter, or any rule adopted by

1706

the division to administer provisions of law conferring duties

1707

upon the division, the division employee ~~he or she~~ may issue a

1708

notice of violation indicating the statute violated. This notice

1709

will be filed with the division and a copy forwarded to the

1710

appropriate law enforcement entity for further action if

1711

necessary.

1712

(3) The department may also impose an administrative fine,

1713

not to exceed $1,000 per violation of any section of chapter 589

1714

or this chapter or violation of any rule adopted by the division

1715

to administer provisions of law conferring duties upon the

1716

division. The fine shall be based upon the degree of damage, the

1717

prior violation record of the person, and whether the person

1718

knowingly provided false information to obtain an authorization.

1719

The fines shall be deposited in the Incidental Trust Fund of the

1720

division.

1721

(4) A person may not:

1722

(a) Fail to comply with any rule or order adopted by the

1723

division to administer provisions of law conferring duties upon

1724

the division; or

1725

(b) Knowingly make any false statement or representation

1726

in any application, record, plan, or other document required by

1727

this chapter or any rules adopted under this chapter.

1728

(5) A person who violates paragraph (4)(a) or paragraph

1729

(4)(b) commits a misdemeanor of the second degree, punishable as

1730

provided in s. 775.082 or s. 775.083.

1731

(6) It is the intent of the Legislature that a penalty

1732

imposed by a court under subsection (5) be of a severity that

1733

ensures immediate and continued compliance with this section.

1734

Section 56. Paragraph (a) of subsection (1) of section

1735

599.004, Florida Statutes, is amended to read:

1736

599.004 Florida Farm Winery Program; registration; logo;

1737

fees.--

1738

(1) The Florida Farm Winery Program is established within

1739

the Department of Agriculture and Consumer Services. Under this

1740

program, a winery may qualify as a tourist attraction only if it

1741

is registered with and certified by the department as a Florida

1742

Farm Winery. A winery may not claim to be certified unless it

1743

has received written approval from the department.

1744

(a) To qualify as a certified Florida Farm Winery, a

1745

winery shall meet the following standards:

1746

1. Produce or sell less than 250,000 gallons of wine

1747

annually.

1748

2. Maintain a minimum of 10 acres of owned or managed land

1749

~~vineyards~~ in Florida which produces commodities used in the

1750

production of wine.

1751

3. Be open to the public for tours, tastings, and sales at

1752

least 30 hours each week.

1753

4. Make annual application to the department for

1754

recognition as a Florida Farm Winery, on forms provided by the

1755

department.

1756

5. Pay an annual application and registration fee of $100.

1757

Section 57. Subsection (11) is added to section 604.15,

1758

Florida Statutes, to read:

1759

604.15 Dealers in agricultural products; definitions.--For

1760

the purpose of ss. 604.15-604.34, the following words and terms,

1761

when used, shall be construed to mean:

1762

(11) "Responsible position" means a position within the

1763

business of a dealer in agricultural products that has the

1764

authority to negotiate or make the purchase of agricultural

1765

products on behalf of the dealer's business or has principal

1766

active management authority over the business decisions,

1767

actions, and activities of the dealer's business in this state.

1768

Section 58. Section 604.19, Florida Statutes, is amended

1769

to read:

1770

604.19 License; fee; bond; certificate of deposit;

1771

penalty.--Unless the department refuses the application on one

1772

or more of the grounds provided in this section, it shall issue

1773

to an applicant, upon the payment of required fees and the

1774

execution and delivery of a bond or certificate of deposit as

1775

provided in this section, a state license entitling the

1776

applicant to conduct business as a dealer in agricultural

1777

products for a 1-year period to coincide with the effective

1778

period of the bond or certificate of deposit furnished by the

1779

applicant. During the 1-year period covered by a license, if the

1780

supporting surety bond or certificate of deposit is canceled for

1781

any reason, the license shall automatically expire on the date

1782

the surety bond or certificate of deposit terminates, unless an

1783

acceptable replacement is in effect before the date of

1784

termination so that continual coverage occurs for the remaining

1785

period of the license. A surety company shall give the

1786

department a 30-day written notice of cancellation by certified

1787

mail in order to cancel a bond. Cancellation of a bond or

1788

certificate of deposit does ~~shall~~ not relieve a surety company

1789

or financial institution of liability for purchases or sales

1790

occurring while the bond or certificate of deposit was in

1791

effect. The license fee, which must be paid for the principal

1792

place of business for a dealer in agricultural products, shall

1793

be based upon the amount of the dealer's surety bond or

1794

certificate of deposit furnished by each dealer under the

1795

provisions of s. 604.20 and may not exceed $500. For each

1796

additional place in which the applicant desires to conduct

1797

business and which the applicant names in the application, the

1798

additional license fee must be paid but may not exceed $100

1799

annually. If a ~~Should any~~ dealer in agricultural products fails,

1800

refuses, or neglects ~~fail, refuse, or neglect~~ to apply and

1801

qualify for the renewal of a license on or before its ~~the date~~

1802

of expiration date ~~thereof~~, a penalty not to exceed $100 shall

1803

apply to and be added to the ~~original~~ license fee for the

1804

principal place of business and to the license fee for each

1805

additional place of business named in the application and shall

1806

be paid by the applicant before the renewal license may be

1807

issued. The department by rule shall prescribe fee amounts

1808

sufficient to fund ss. 604.15-604.34.

1809

Section 59. Subsections (1) and (4) of section 604.20,

1810

Florida Statutes, are amended to read:

1811

604.20 Bond or certificate of deposit prerequisite;

1812

amount; form.--

1813

(1) Before any license is issued, the applicant therefor

1814

shall make and deliver to the department a surety bond or

1815

certificate of deposit in the amount of at least $5,000 or in

1816

such greater amount as the department may determine. No bond or

1817

certificate of deposit may be in an amount less than $5,000. The

1818

penal sum of the bond or certificate of deposit to be furnished

1819

to the department by an applicant for license as a dealer in

1820

agricultural products shall be in an amount equal to twice the

1821

average of the monthly dollar amounts ~~amount~~ of agricultural

1822

products handled for a Florida producer or a producer's agent or

1823

representative, by purchase or otherwise, ~~during the month of~~

1824

~~maximum transaction in such products~~ during the preceding 12-

1825

month period. Only those months in which the applicant handled,

1826

by purchase or otherwise, amounts equal to or greater than

1827

$1,000 shall be used to calculate the penal sum of the required

1828

bond or certificate of deposit. An applicant for license who has

1829

not handled agricultural products for a Florida producer or a

1830

producer's agent or representative, by purchase or otherwise,

1831

during the preceding 12-month period shall furnish a bond or

1832

certificate of deposit in an amount equal to twice the estimated

1833

average of the monthly dollar amounts ~~amount~~ of such

1834

agricultural products to be handled, by purchase or otherwise,

1835

~~during the month of maximum transaction~~ during the next

1836

immediate 12 months. Only those months in which the applicant

1837

anticipates handling, by purchase or otherwise, amounts equal to

1838

or greater than $1,000 shall be used to calculate the penal sum

1839

of the required bond or certificate of deposit. Such bond or

1840

certificate of deposit shall be provided or assigned in the

1841

exact name in which the dealer will conduct business subject to

1842

the provisions of ss. 604.15-604.34. Such bond must be executed

1843

by a surety company authorized to transact business in the

1844

state. For the purposes of ss. 604.19-604.21, the term

1845

"certificate of deposit" means a certificate of deposit at any

1846

recognized financial institution doing business in the United

1847

States. No certificate of deposit may be accepted in connection

1848

with an application for a dealer's license unless the issuing

1849

institution is properly insured by either the Federal Deposit

1850

Insurance Corporation or the Federal Savings and Loan Insurance

1851

Corporation. Such bond or any certificate of deposit assignment

1852

or agreement shall be upon a form prescribed or approved by the

1853

department and shall be conditioned to secure the faithful

1854

accounting for and payment, in the manner prescribed by s.

1855

604.21(9), to producers or their agents or representatives of

1856

the proceeds of all agricultural products handled or purchased

1857

by such dealer, ~~and~~ to secure payment to dealers who sell

1858

agricultural products to such dealer, and to pay any claims or

1859

costs ordered under s. 604.21 as the result of a complaint. Such

1860

bond or certificate of deposit assignment or agreement shall

1861

include terms binding the instrument to the Commissioner of

1862

Agriculture. A certificate of deposit shall be presented with an

1863

assignment of applicant's rights in the certificate in favor of

1864

the Commissioner of Agriculture on a form prescribed by the

1865

department and with a letter from the issuing institution

1866

acknowledging that the assignment has been properly recorded on

1867

the books of the issuing institution and will be honored by the

1868

issuing institution. Such assignment shall be irrevocable while

1869

the dealer's license is in effect and for an additional period

1870

of 6 months after the termination or expiration of the dealer's

1871

license, provided no complaint is pending against the licensee.

1872

If a complaint is pending, the assignment shall remain in effect

1873

until all actions on the complaint have been finalized. The

1874

certificate of deposit may be released by the assignee of the

1875

financial institution to the licensee or the licensee's

1876

successors, assignee, or heirs if no claims are pending against

1877

the licensee before the department at the conclusion of 6 months

1878

after the last effective date of the license. No certificate of

1879

deposit shall be accepted that contains any provision that would

1880

give the issuing institution any prior rights or claim on the

1881

proceeds or principal of such certificate of deposit. The

1882

department shall determine by rule the maximum amount of bond or

1883

certificate of deposit required of a dealer and whether an

1884

annual bond or certificate of deposit will be required.

1885

(4) The department may issue a conditional license to an

1886

applicant who is unable to provide a single bond or certificate

1887

of deposit in the full amount required by the calculation in

1888

subsection (1). The conditional license shall remain in effect

1889

for a 1-year period to coincide with the effective period of the

1890

bond or certificate of deposit furnished by the applicant. The

1891

applicant must provide at least the minimum $5,000 bond or

1892

certificate of deposit as provided in subsection (1) together

1893

with documentation from each of three separate bonding companies

1894

denying the applicants request for a surety bond in the full

1895

amount required in subsection (1) and one of the following:

1896

(a) A notarized affidavit limiting the handling of

1897

agricultural products, by purchase or otherwise, during their

1898

largest month to a minimum of one-half the amount of the bond or

1899

certificate of deposit provided by the applicant;

1900

(b) A notarized affidavit stating that any subject

1901

agricultural products, handled by purchase or otherwise,

1902

exceeding one-half of the amount of the bond or certificate of

1903

deposit will be handled under the exemption provisions set forth

1904

in s. 604.16(2); or

1905

1906

amount that, when the penal sum of the second bond or

1907

certificate of deposit is added to the penal sum of the first

1908

bond or certificate of deposit, the combined penal sum will

1909

equal twice the dollar amount of agricultural products handled

1910

for a Florida producer or a producer's agent or representative,

1911

by purchase or otherwise, during the month of maximum

1912

transaction in such products during the preceding 12-month

1913

period.

1914

1915

The department or its agents may require from any licensee who

1916

is issued a conditional license verified statements of the

1917

volume of the licensee's business or may review the licensee's

1918

records at the licensee's place of business during normal

1919

business hours to determine the licensee's adherence to the

1920

conditions of the license. The failure of a licensee to furnish

1921

such statement or to make such records available shall be cause

1922

for suspension of the licensee's conditional license. If the

1923

department finds such failure to be willful, the conditional

1924

license may be revoked.

1925

Section 60. Section 604.25, Florida Statutes, is amended

1926

to read:

1927

604.25 Denial of, refusal to renew ~~grant~~, or suspension or

1928

revocation of, license.--

1929

~~(1)~~ The department may deny, refuse to renew, ~~decline to~~

1930

~~grant a license~~ or ~~may~~ suspend or revoke a license ~~already~~

1931

~~granted~~ if the applicant or licensee has:

1932

(1)~~(a)~~ Suffered a monetary judgment entered against the

1933

applicant or licensee ~~upon~~ which is ~~execution has been returned~~

1934

unsatisfied;

1935

(2)~~(b)~~ Made false charges for handling or services

1936

rendered;

1937

(3)~~(c)~~ Failed to account promptly and properly or to make

1938

settlements with any producer;

1939

(4)~~(d)~~ Made any false statement or statements as to

1940

condition, quality, or quantity of goods received or held for

1941

sale when the true condition, quality, or quantity could have

1942

been ascertained by reasonable inspection;

1943

(5)~~(e)~~ Made any false or misleading statement or

1944

statements as to market conditions or service rendered;

1945

(6)~~(f)~~ Been guilty of a fraud in the attempt to procure,

1946

or the procurement of, a license;

1947

(7)~~(g)~~ Directly or indirectly sold agricultural products

1948

received on consignment or on a net return basis for her or his

1949

own account, without prior authority from the producer

1950

consigning the same, or without notifying such producer;

1951

(8)~~(h)~~ Failed to prevent a person from holding a position

1952

as the applicant's or licensee's owner, officer, director,

1953

general or managing partner, or employee ~~Employed~~ in a

1954

responsible position ~~a person~~, or holding any other similarly

1955

situated position, if the person holds or has held a similar

1956

position with any entity that ~~an officer of a corporation, who~~

1957

has failed to fully comply with an order of the department, has

1958

not satisfied a civil judgment held by the department, has

1959

pending any administrative or civil enforcement action by the

1960

department, or has pending any criminal charges pursuant to s.

1961

604.30 ~~at any time within 1 year after issuance~~;

1962

(9)~~(i)~~ Violated any statute or rule relating to the

1963

purchase or sale of any agricultural product, whether or not

1964

such transaction is subject to the provisions of this chapter;

1965

1966

(10)~~(j)~~ Failed to submit to the department an application,

1967

appropriate license fees, and an acceptable surety bond or

1968

certificate of deposit; or.

1969

(11)~~(2)~~ Failed ~~If a licensee fails~~ or refused ~~refuses~~ to

1970

comply ~~in full~~ with an order of the department or failed to

1971

satisfy a civil judgment owed to the department~~, her or his~~

1972

~~license may be suspended or revoked, in which case she or he~~

1973

~~shall not be eligible for license for a period of 1 year or~~

1974

~~until she or he has fully complied with the order of the~~

1975

~~department~~.

1976

~~(3) No person, or officer of a corporation, whose license~~

1977

~~has been suspended or revoked for failure to comply with an~~

1978

~~order of the department may hold a responsible position with a~~

1979

~~licensee for a period of 1 year or until the order of the~~

1980

~~department has been fully complied with.~~

1981

Section 61. Subsections (18) and (19) of section 616.242,

1982

Florida Statutes, are renumbered as subsections (19) and (20),

1983

respectively, and a new subsection (18) is added to that section

1984

to read:

1985

616.242 Safety standards for amusement rides.--

1986

(18) STOP-OPERATION ORDERS.--If an owner or amusement ride

1987

fails to comply with this chapter or any rule adopted under this

1988

chapter, the department may issue a stop-operation order.

1989

Section 62. Subsection (4) of section 686.201, Florida

1990

Statutes, is amended to read:

1991

686.201 Sales representative contracts involving

1992

commissions; requirements; termination of agreement; civil

1993

remedies.--

1994

(4) This section does not apply to persons licensed

1995

pursuant to chapter 475 who are performing services within the

1996

scope of their license or to contracts to which a seller of

1997

travel as defined in s. 559.927 is a party.

1998

Section 63. Paragraph (c) of subsection (5) of section

1999

790.06, Florida Statutes, is amended to read:

2000

790.06 License to carry concealed weapon or firearm.--

2001

(5) The applicant shall submit to the Department of

2002

Agriculture and Consumer Services:

2003

2004

administered by a law enforcement agency or the Division of

2005

Licensing of the Department of Agriculture and Consumer

2006

Services.

2007

Section 64. Sections 570.071 and 570.901, Florida

2008

Statutes, are repealed.

2009

Section 65. Subsection (1) of section 205.064, Florida

2010

Statutes, is amended to read:

2011

205.064 Farm, aquacultural, grove, horticultural,

2012

floricultural, tropical piscicultural, and tropical fish farm

2013

products; certain exemptions.--

2014

(1) A local business tax receipt is not required of any

2015

~~natural~~ person for the privilege of engaging in the selling of

2016

farm, aquacultural, grove, horticultural, floricultural,

2017

tropical piscicultural, or tropical fish farm products, or

2018

products manufactured therefrom, except intoxicating liquors,

2019

wine, or beer, when such products were grown or produced by such

2020

~~natural~~ person in the state.

2021

Section 66. Subsection (20) of section 322.01, Florida

2022

Statutes, is amended to read:

2023

322.01 Definitions.--As used in this chapter:

2024

(20) "Farm tractor" means a motor vehicle that is:

2025

(a) Operated principally on a farm, grove, or orchard in

2026

agricultural or horticultural pursuits and that is operated on

2027

the roads of this state only incidentally to transportation

2028

between the owner's or operator's headquarters and the farm,

2029

grove, or orchard or between one farm, grove, or orchard and

2030

another; or

2031

(b) Designed and used primarily as a farm implement for

2032

drawing plows, mowing machines, and other implements of

2033

husbandry.

2034

Section 67. Paragraph (n) of subsection (1) of section

2035

500.03, Florida Statutes, is amended to read:

2036

500.03 Definitions; construction; applicability.--

2037

(1) For the purpose of this chapter, the term:

2038

(n) "Food establishment" means any factory, food outlet,

2039

or any other facility manufacturing, processing, packing,

2040

holding, or preparing food, or selling food at wholesale or

2041

retail. The term does not include any business or activity that

2042

is regulated under chapter 509 or chapter 601. The term includes

2043

tomato packinghouses and repackers but does not include any

2044

other establishments that pack fruits and vegetables in their

2045

raw or natural states, including those fruits or vegetables that

2046

are washed, colored, or otherwise treated in their unpeeled,

2047

natural form before they are marketed.

2048

Section 68. Section 500.70, Florida Statutes, is created

2049

to read:

2050

500.70 Tomato food safety standards; inspections;

2051

penalties; tomato good agricultural practices; tomato best

2052

management practices.--

2053

(1) As used in this section, the term:

2054

(a) "Field packing" means the packing of tomatoes on a

2055

tomato farm or in a tomato greenhouse into containers for sale

2056

for human consumption without transporting the tomatoes to a

2057

packinghouse.

2058

(b) "Packing" or "repacking" means the packing of tomatoes

2059

into containers for sale for human consumption. The term

2060

includes the sorting or separating of tomatoes into grades and

2061

sizes. The term also includes field packing.

2062

2063

cultivating of tomatoes on a tomato farm or in a tomato

2064

greenhouse for sale for human consumption.

2065

(2) The department may adopt rules establishing food

2066

safety standards to safeguard the public health and promote the

2067

public welfare by protecting the consuming public from injury

2068

caused by the adulteration or the microbiological, chemical, or

2069

radiological contamination of tomatoes. The rules must be based

2070

on federal requirements, available scientific research,

2071

generally accepted industry practices, and recommendations of

2072

food safety professionals. The rules shall apply to the

2073

producing, harvesting, packing, and repacking of tomatoes for

2074

sale for human consumption by a tomato farm, tomato greenhouse,

2075

or tomato packinghouse or repacker in this state. The rules may

2076

include, but are not limited to, standards for:

2077

(a) Registration with the department of a person who

2078

produces, harvests, packs, or repacks tomatoes in this state who

2079

does not hold a food permit issued under s. 500.12.

2080

(b) Proximity of domestic animals and livestock to the

2081

production areas for tomatoes.

2082

2083

production and washing of tomatoes after harvest.

2084

(d) Use of fertilizers.

2085

(e) Cleaning and sanitation of containers, materials,

2086

equipment, vehicles, and facilities, including storage and

2087

ripening areas.

2088

(f) Health, hygiene, and sanitation of employees who

2089

handle tomatoes.

2090

(g) Training and continuing education of a person who

2091

produces, harvests, packs, or repacks tomatoes in this state,

2092

and the person's employees who handle tomatoes.

2093

(h) Labeling and recordkeeping, including standards for

2094

identifying and tracing tomatoes for sale for human consumption.

2095

(3)(a) The department may inspect tomato farms, tomato

2096

greenhouses, tomato packinghouses, repacking locations, or any

2097

vehicle being used to transport or hold tomatoes to ensure

2098

compliance with the applicable provisions of this chapter, and

2099

the rules adopted under this chapter.

2100

(b) The department may impose an administrative fine not

2101

to exceed $5,000 per violation, or issue a written notice or

2102

warning under s. 500.179, against a person who violates any

2103

applicable provision of this section, or any rule adopted under

2104

this section.

2105

(4)(a) The department may adopt rules establishing tomato

2106

good agricultural practices and tomato best management practices

2107

for the state's tomato industry based on applicable federal

2108

requirements, available scientific research, generally accepted

2109

industry practices, and recommendations of food safety

2110

professionals.

2111

(b) A person who documents compliance with the

2112

department's rules, tomato good agricultural practices, and

2113

tomato best management practices is presumed to introduce

2114

tomatoes into the stream of commerce that are safe for human

2115

consumption, unless the department identifies noncompliance

2116

through inspections.

2117

(5) Subsections (2) and (4) do not apply to tomatoes sold by th

2118

by the grower on the premises at which the tomatoes are grown or

2119

at a local farmers' market, if the quantity of tomatoes sold

2120

does not exceed two 25-pound boxes per customer.

2121

(6) The department may adopt rules pursuant to ss.

2122

120.536(1) and 120.54 to administer this section.

2123

Section 69. Subsection (10) of section 570.07, Florida

2124

Statutes, is amended to read:

2125

570.07 Department of Agriculture and Consumer Services;

2126

functions, powers, and duties.--The department shall have and

2127

exercise the following functions, powers, and duties:

2128

(10) To act as adviser to producers and distributors, when

2129

requested, ~~and~~ to assist them in the economical and efficient

2130

distribution of their agricultural products, ~~and~~ to encourage

2131

cooperative effort among producers to gain economical and

2132

efficient production of agricultural products, and to adopt

2133

rules establishing comprehensive best management practices for

2134

agricultural production and food safety.

2135

Section 70. Paragraph (e) of subsection (2) of section

2136

570.48, Florida Statutes, is amended to read:

2137

570.48 Division of Fruit and Vegetables; powers and

2138

duties; records.--The duties of the Division of Fruit and

2139

Vegetables include, but are not limited to:

2140

(2)

2141

(e) Performing tomato food safety inspections under s.

2142

500.70 on tomato farms, in tomato greenhouses, and in tomato

2143

packinghouses and repackers.

2144

Section 71. Subsection (1) of section 604.15, Florida

2145

Statutes, is amended to read:

2146

604.15 Dealers in agricultural products; definitions.--For

2147

the purpose of ss. 604.15-604.34, the following words and terms,

2148

when used, shall be construed to mean:

2149

(1) "Agricultural products" means the natural products of

2150

the farm, nursery, grove, orchard, vineyard, garden, and apiary

2151

(raw or manufactured); sod; ~~tropical foliage;~~ horticulture; hay;

2152

livestock; milk and milk products; poultry and poultry products;

2153

the fruit of the saw palmetto (meaning the fruit of the Serenoa

2154

repens); limes (meaning the fruit Citrus aurantifolia, variety

2155

Persian, Tahiti, Bearss, or Florida Key limes); and any other

2156

nonexempt agricultural products produced in the state, except

2157

tobacco, sugarcane, tropical foliage, timber and timber

2158

byproducts, forest products as defined in s. 591.17, and citrus

2159

other than limes.

2160

Section 72. Subsection (7) is added to section 624.4095,

2161

Florida Statutes, to read:

2162

624.4095 Premiums written; restrictions.--

2163

(7) For purposes of this section and s. 624.407, with

2164

regard to capital and surplus required, gross written premiums

2165

for federal multi-peril crop insurance that is ceded to the

2166

Federal Crop Insurance Corporation and authorized reinsurers

2167

shall not be included when calculating the insurer's gross

2168

writing ratio. The liabilities for ceded reinsurance premiums

2169

payable for federal multi-peril crop insurance ceded to the

2170

Federal Crop Insurance Corporation and authorized reinsurers

2171

shall be netted against the asset for amounts recoverable from

2172

reinsurers. Each insurer that writes other insurance products

2173

together with federal multi-peril crop insurance shall disclose

2174

in the notes to the annual and quarterly financial statement, or

2175

file a supplement to the financial statement that discloses, a

2176

breakout of the gross written premiums for federal multi-peril

2177

crop insurance.

2178

Section 73. Section 823.145, Florida Statutes, is amended

2179

to read:

2180

823.145 Disposal by open burning of certain materials

2181

~~mulch plastic~~ used in agricultural operations.--Polyethylene

2182

agricultural ~~mulch~~ plastic; damaged, nonsalvageable, untreated

2183

wood pallets; and packing material that cannot be feasibly

2184

recycled, which are used in connection with agricultural

2185

operations related to the growing, harvesting, or maintenance of

2186

crops, may be disposed of by open burning provided that no

2187

public nuisance or any condition adversely affecting the

2188

environment or the public health is created thereby and that

2189

state or federal national ambient air quality standards are not

2190

violated.

2191

Section 74. Subsection (4) of section 163.3162, Florida

2192

Statutes, is amended to read:

2193

163.3162 Agricultural Lands and Practices Act.--

2194

(4) DUPLICATION OF REGULATION.--Except as otherwise

2195

provided in this section and s. 487.051(2), and notwithstanding

2196

any other law, including any provision of chapter 125 or this

2197

chapter, a county may not exercise any of its powers to adopt or

2198

enforce any ordinance, resolution, regulation, rule, or policy

2199

to prohibit, restrict, regulate, or otherwise limit an activity

2200

of a bona fide farm operation on land classified as agricultural

2201

land pursuant to s. 193.461, if such activity is regulated

2202

through implemented best management practices, interim measures,

2203

or regulations adopted as rules under chapter 120 ~~developed~~ by

2204

the Department of Environmental Protection, the Department of

2205

Agriculture and Consumer Services, or a water management

2206

district ~~and adopted under chapter 120~~ as part of a statewide or

2207

regional program; or if such activity is expressly regulated by

2208

the United States Department of Agriculture, the United States

2209

Army Corps of Engineers, or the United States Environmental

2210

Protection Agency. A county may not charge an assessment or fee

2211

for stormwater management on a bona fide farm operation on land

2212

classified as agricultural land pursuant to s. 193.461, if the

2213

farm operation has a National Pollutant Discharge Elimination

2214

System permit, environmental resource permit, or works-of-the-

2215

district permit or implements best management practices adopted

2216

as rules under chapter 120 by the Department of Environmental

2217

Protection, the Department of Agriculture and Consumer Services,

2218

or a water management district as part of a statewide or

2219

regional program. However, this subsection does not prohibit a

2220

county from charging an assessment or fee for stormwater

2221

management on a bona fide farm operation that does not have a

2222

National Pollutant Discharge Elimination System permit,

2223

environmental resource permit, or works-of-the-district permit,

2224

or has not implemented water quality and quantity best-

2225

management practices as described in this subsection. For those

2226

counties that, before March 1, 2009, adopted a stormwater

2227

utility ordinance, resolution, or municipal services benefit

2228

unit or, before March 1, 2009, adopted a resolution stating its

2229

intent to use the uniform method of collection pursuant to s.

2230

197.3632 for such stormwater ordinances, the county may continue

2231

to charge an assessment or fee for stormwater management on a

2232

bona fide farm operation on land classified as agricultural

2233

pursuant to s. 193.461 if the ordinance provides credits against

2234

the assessment or fee on a bona fide farm operation for the

2235

implementation of best-management practices adopted as rules

2236

under chapter 120 by the Department of Environmental Protection,

2237

the Department of Agriculture and Consumer Services, or a water

2238

management district as part of a statewide or regional program,

2239

or stormwater quality and quantity measures required as part of

2240

a National Pollutant Discharge Elimination System permit,

2241

environmental resource permit, or works-of-the-district permit

2242

or implementation of best-management practices or alternative

2243

measures which the landowner demonstrates to the county to be of

2244

equivalent or greater stormwater benefit than those provided by

2245

implementation of best-management practices adopted as rules

2246

under chapter 120 by the Department of Environmental Protection,

2247

the Department of Agriculture and Consumer Services, or a water

2248

management district as part of a statewide or regional program,

2249

or stormwater quality and quantity measures required as part of

2250

a National Pollutant Discharge Elimination System permit,

2251

environmental resource permit, or works-of-the-district permit.

2252

(a) When an activity of a farm operation takes place

2253

within a wellfield protection area as defined in any wellfield

2254

protection ordinance adopted by a county, and the implemented

2255

best management practice, regulation, or interim measure does

2256

not specifically address wellfield protection, a county may

2257

regulate that activity pursuant to such ordinance. This

2258

subsection does not limit the powers and duties provided for in

2259

s. 373.4592 or limit the powers and duties of any county to

2260

address an emergency as provided for in chapter 252.

2261

(b) This subsection may not be construed to permit an

2262

existing farm operation to change to a more excessive farm

2263

operation with regard to traffic, noise, odor, dust, or fumes

2264

where the existing farm operation is adjacent to an established

2265

homestead or business on March 15, 1982.

2266

2267

predominantly urbanized county with a population greater than

2268

1,500,000 and more than 25 municipalities, not operating under a

2269

home rule charter adopted pursuant to ss. 10, 11, and 24, Art.

2270

VIII of the Constitution of 1885, as preserved by s. 6(e), Art.

2271

VIII of the Constitution of 1968, which has a delegated

2272

pollution control program under s. 403.182 and includes drainage

2273

basins that are part of the Everglades Stormwater Program, to

2274

enact ordinances, regulations, or other measures to comply with

2275

the provisions of s. 373.4592, or which are necessary to

2276

carrying out a county's duties pursuant to the terms and

2277

conditions of any environmental program delegated to the county

2278

by agreement with a state agency.

2279

(d) For purposes of this subsection, a county ordinance

2280

that regulates the transportation or land application of

2281

domestic wastewater residuals or other forms of sewage sludge

2282

shall not be deemed to be duplication of regulation.

2283

(e) This subsection does not limit a county's powers to:

2284

1. Enforce wetlands, springs protection, or stormwater

2285

ordinances, regulations, or rules adopted before January 15,

2286

2009.

2287

2. Enforce wetlands, springs protection, or stormwater

2288

ordinances, regulations, or rules pertaining to the Wekiva River

2289

Protection Area.

2290

3. Enforce ordinances, regulations, or rules as directed

2291

by law or implemented consistent with the requirements of a

2292

program operated under a delegation agreement from a state

2293

agency or water management district.

2294

2295

As used in this paragraph, the term "wetlands" has the same

2296

meaning as defined in s. 373.019.

2297

(f) The provisions of this subsection that limit a

2298

county's authority to adopt or enforce any ordinance,

2299

regulation, rule, or policy, or to charge any assessment or fee

2300

for stormwater management, apply only to a bona fide farm

2301

operation as described in this subsection.

2302

Section 75. Section 163.3163, Florida Statutes, is created

2303

to read:

2304

163.3163 Applications for development permits; disclosure

2305

and acknowledgement of neighboring agricultural land.--

2306

(1) This section may be cited as the "Agricultural Land

2307

Acknowledgement Act."

2308

(2) The Legislature finds that nonagricultural land which

2309

neighbors agricultural land may adversely affect agricultural

2310

production and farm operations on the agricultural land and may

2311

lead to the agricultural land's conversion to urban, suburban,

2312

or other nonagricultural uses. The Legislature intends to

2313

preserve and encourage agricultural land use and to reduce the

2314

occurrence of conflicts between agricultural and nonagricultural

2315

land uses. The purpose of this section is to ensure that

2316

generally accepted agricultural practices will not be subject to

2317

interference by residential use of land contiguous to

2318

agricultural land.

2319

(3) As used in this section, the term:

2320

(a) "Agricultural land" means land classified as

2321

agricultural land pursuant to s. 193.461.

2322

(b) "Contiguous" means touching, bordering, or adjoining

2323

along a boundary. For purposes of this section, properties that

2324

would be contiguous if not separated by a roadway, railroad, or

2325

other public easement are considered contiguous.

2326

2327

823.14.

2328

(4)(a) Before a political subdivision issues a local land

2329

use permit, building permit, or certificate of occupancy for

2330

nonagricultural land contiguous to agricultural land, the

2331

political subdivision shall require that, as a condition of

2332

issuing the permit or certificate, the applicant for the permit

2333

or certificate sign and submit to the political subdivision, in

2334

a format that is recordable in the official records of the

2335

county in which the political subdivision is located, a written

2336

acknowledgement of contiguous agricultural land in the following

2337

form:

2338

2339

ACKNOWLEDGEMENT OF CONTIGUOUS AGRICULTURAL LAND

2340

2341

I, ...(name of applicant)..., understand that my property

2342

located at ...(address of nonagricultural land)..., as

2343

further described in the attached legal description, is

2344

contiguous to agricultural land located at ...(address of

2345

agricultural land)..., as further described in the

2346

attached legal description.

2347

I acknowledge and understand that the farm operation

2348

on the contiguous agricultural land identified herein will

2349

be conducted according to generally accepted agricultural

2350

practices as provided in the Florida Right to Farm Act, s.

2351

823.14, Florida Statutes.

2352

Signature: ...(signature of applicant)....

2353

Date: ...(date)....

2354

2355

(b) An acknowledgement submitted to a political

2356

subdivision under paragraph (a) shall be recorded in the

2357

official records of the county in which the political

2358

subdivision is located.

2359

Section 76. Section 604.50, Florida Statutes, is amended

2360

to read:

2361

604.50 Nonresidential farm buildings and farm

2362

fences.--Notwithstanding any other law to the contrary, any

2363

nonresidential farm building or farm fence is exempt from the

2364

Florida Building Code and any county or municipal ~~building~~ code

2365

or fee, except for code provisions implementing local, state, or

2366

federal floodplain management regulations. For purposes of this

2367

section, the term "nonresidential farm building" means any

2368

building or support structure that is used for agricultural

2369

purposes, is located on a farm that is not used as a residential

2370

dwelling, and is located on land that is an integral part of a

2371

farm operation or is classified as agricultural land under s.

2372

193.461. The term "farm" is as defined in s. 823.14.

2373

Section 77. This act shall take effect July 1, 2009.

2374

2375

2376

-----------------------------------------------------

2377

T I T L E A M E N D M E N T

2378

Remove lines 2576-2868 and insert:

2379

An act relating to the Department of Agriculture and

2380

Consumer Services; amending s. 482.021, F.S.; revising

2381

terminology to modify requirements for supervision

2382

provided by certified operators in charge of pest control

2383

businesses; amending s. 482.051, F.S.; requiring pest

2384

control licensees to perform inspections before issuing

2385

certain contracts; amending s. 482.071, F.S.; increasing

2386

the financial responsibility requirements for pest control

2387

licensees; creating s. 482.072, F.S.; requiring pest

2388

control service center licenses; providing license

2389

application requirements and procedures; providing for

2390

expiration and renewal of licenses; establishing license

2391

fees; exempting pest control service center employees from

2392

identification card requirements except under certain

2393

circumstances; requiring recordkeeping and monitoring of

2394

service center operations; authorizing disciplinary action

2395

against pest control licensees for violations committed by

2396

service center employees; amending s. 482.152, F.S.;

2397

revising duties and supervisory requirements of certified

2398

operators in charge of pest control businesses; creating

2399

s. 482.157, F.S.; providing for pest control certification

2400

of commercial wildlife management personnel; providing

2401

application procedures and requirements; requiring a

2402

certification examination; establishing certification

2403

fees; amending s. 482.226, F.S.; increasing the financial

2404

responsibility requirements for certain pest control

2405

licensees; amending s. 493.6102, F.S.; specifying that

2406

provisions regulating security officers do not apply to

2407

certain officers performing off-duty activities; amending

2408

s. 493.6105, F.S.; revising application requirements and

2409

procedures for private investigator, security officer, or

2410

recovery agent licenses; specifying application

2411

requirements for firearms instructor license; amending s.

2412

493.6106, F.S.; revising citizenship requirements and

2413

documentation for private investigator, security officer,

2414

and recovery agent licenses; prohibiting the licensure of

2415

applicants for a statewide firearm license or firearms

2416

instructor license who are prohibited from purchasing or

2417

possessing firearms; requiring notice of changes to branch

2418

office locations for private investigative, security, or

2419

recovery agencies; amending s. 493.6107, F.S.; requiring

2420

the department to accept certain methods of payment for

2421

certain fees; amending s. 493.6108, F.S.; revising

2422

requirements for criminal history checks of license

2423

applicants whose fingerprints are not legible; requiring

2424

investigation of the mental and emotional fitness of

2425

applicants for firearms instructor licenses; amending s.

2426

493.6111, F.S.; requiring a security officer school or

2427

recovery agent school to obtain the department's approval

2428

for use of a fictitious name; amending s. 493.6113, F.S.;

2429

revising application renewal procedures and requirements;

2430

amending s. 493.6115, F.S.; conforming cross-references;

2431

amending s. 493.6118, F.S.; authorizing disciplinary

2432

action against statewide firearm licensees and firearms

2433

instructor licensees who are prohibited from purchasing or

2434

possessing firearms; amending s. 493.6121, F.S.; deleting

2435

provisions for the department's access to certain criminal

2436

history records provided to licensed gun dealers,

2437

manufactures, and exporters; amending s. 493.6202, F.S.;

2438

requiring the department to accept certain methods of

2439

payment for certain fees; amending s. 493.6203, F.S.;

2440

prohibiting bodyguard services from being credited toward

2441

certain license requirements; revising training

2442

requirements for private investigator intern license

2443

applicants; amending s. 493.6302, F.S.; requiring the

2444

department to accept certain methods of payment for

2445

certain fees; amending s. 493.6303, F.S.; revising the

2446

training requirements for security officer license

2447

applicants; amending s. 493.6304, F.S.; revising

2448

application requirements and procedures for security

2449

officer school licenses; amending s. 493.6401, F.S.;

2450

revising terminology for recovery agent schools and

2451

training facilities; amending s. 493.6402, F.S.; revising

2452

terminology for recovery agent schools and training

2453

facilities; requiring the department to accept certain

2454

methods of payment for certain fees; amending s. 493.6406,

2455

F.S.; requiring recovery agent school and instructor

2456

licenses; providing license application requirements and

2457

procedures; amending ss. 501.605 and 501.607, F.S.;

2458

revising application requirements for commercial telephone

2459

seller and salesperson licenses; amending s. 501.913,

2460

F.S.; specifying the sample size required for antifreeze

2461

registration application; amending s. 525.01, F.S.;

2462

revising requirements for petroleum fuel affidavits;

2463

amending s. 525.09, F.S.; imposing an inspection fee on

2464

certain alternative fuels containing alcohol; amending s.

2465

526.50, F.S.; defining terms applicable to regulation of

2466

the sale of brake fluid; amending s. 526.51, F.S.;

2467

revising brake fluid permit application requirements;

2468

deleting permit renewal requirements; providing for

2469

reregistration of brake fluid and establishing fees;

2470

amending s. 526.52, F.S.; revising requirements for

2471

printed statements on brake fluid containers; amending s.

2472

526.53, F.S.; revising requirements and procedures for

2473

brake fluid stop-sale orders; authorizing businesses to

2474

dispose of unregistered brake fluid under certain

2475

circumstances; amending s. 527.02, F.S.; increasing fees

2476

for liquefied petroleum gas licenses; revising fees for

2477

pipeline system operators; amending s. 527.0201, F.S.;

2478

revising requirements for liquefied petroleum gas

2479

qualifying examinations; increasing examination fees;

2480

increasing continuing education requirements for certain

2481

liquefied petroleum gas qualifiers; amending s. 527.021,

2482

F.S.; requiring the annual inspection of liquefied

2483

petroleum gas transport vehicles; increasing the

2484

inspection fee; amending s. 527.12, F.S.; providing for

2485

the issuance of certain stop orders; amending s. 559.801,

2486

F.S.; deleting the sale or lease of laundry and

2487

drycleaning equipment from exclusions to the definition of

2488

the term "business opportunity" for purposes of the Sale

2489

of Business Opportunities Act; amending ss. 559.805 and

2490

559.928, F.S.; deleting requirements that lists of

2491

independent agents of sellers of business opportunities

2492

and the agents' registration affidavits include the

2493

agents' social security numbers; amending s. 570.0725,

2494

F.S.; revising provisions for public information about

2495

food banks and similar food recovery programs; authorizing

2496

the department to adopt rules; amending ss. 570.53 and

2497

570.54, F.S.; conforming cross-references; amending s.

2498

570.55, F.S.; revising requirements for identifying

2499

sellers or handlers of tropical or subtropical fruit or

2500

vegetables; amending s. 570.902, F.S.; conforming

2501

terminology to the repeal by the act of provisions

2502

establishing the Florida Agricultural Museum; amending s.

2503

570.903, F.S.; revising provisions for direct-support

2504

organizations for certain agricultural programs to conform

2505

to the repeal by the act of provisions establishing the

2506

Florida Agricultural Museum; deleting provisions for a

2507

direct-support organization for the Florida State

2508

Collection of Arthropods; amending s. 573.118, F.S.;

2509

requiring the department to maintain records of marketing

2510

orders; requiring an audit at the request of an advisory

2511

council; requiring that the advisory council receive a

2512

copy of the audit within a specified time; amending s.

2513

581.011, F.S.; deleting terminology relating to the

2514

Florida State Collection of Arthropods; revising the term

2515

"nursery" for purposes of plant industry regulations;

2516

amending s. 581.031, F.S.; increasing citrus source tree

2517

registration fees; amending s. 581.131, F.S.; increasing

2518

registration fees for a nurseryman, stock dealer, agent,

2519

or plant broker certificate; amending s. 581.211, F.S.;

2520

increasing the maximum fine for violations of plant

2521

industry regulations; amending s. 583.13, F.S.; deleting a

2522

prohibition on the sale of poultry without displaying the

2523

poultry grade; amending s. 590.125, F.S.; revising

2524

terminology for open burning authorizations; specifying

2525

purposes of certified prescribed burning; requiring the

2526

authorization of the Division of Forestry for certified

2527

pile burning; providing pile burning requirements;

2528

limiting the liability of property owners or agents

2529

engaged in pile burning; providing for the certification

2530

of pile burners; providing penalties for violations by

2531

certified pile burners; requiring rules; revising notice

2532

requirements for wildfire hazard reduction treatments;

2533

providing for approval of local government open burning

2534

authorization programs; providing program requirements;

2535

authorizing the division to close local government

2536

programs under certain circumstances; providing penalties

2537

for violations of local government open burning

2538

requirements; amending s. 590.14, F.S.; authorizing fines

2539

for violations of any division rule; providing penalties

2540

for certain violations; providing legislative intent;

2541

amending s. 599.004, F.S.; revising standards that a

2542

winery must meet to qualify as a certified Florida Farm

2543

Winery; amending s. 604.15, F.S.; defining the term

2544

"responsible position" for purposes of provisions

2545

regulating dealers in agricultural products; amending s.

2546

604.19, F.S.; revising requirements for late fees on

2547

agricultural products dealer applications; amending s.

2548

604.20, F.S.; revising the minimum amount of the surety

2549

bond or certificate of deposit required for agricultural

2550

products dealer licenses; providing conditions for the

2551

payment of bond or certificate of deposit proceeds;

2552

requiring additional documentation for issuance of a

2553

conditional license; amending s. 604.25, F.S.; revising

2554

conditions under which the department may deny, refuse to

2555

renew, suspend, or revoke agricultural products dealer

2556

licenses; deleting a provision prohibiting certain persons

2557

from holding a responsible position with a licensee;

2558

amending s. 616.242, F.S.; amending s. 686.201, F.S.;

2559

exempting contracts involving a seller of travel from the

2560

requirements of that section; authorizing the issuance of

2561

stop-operation orders for amusement rides under certain

2562

circumstances; amending s. 790.06, F.S.; authorizing a

2563

concealed firearm license applicant to submit fingerprints

2564

administered by the Division of Licensing; repealing ss.

2565

570.071 and 570.901, F.S., relating to the Florida

2566

Agricultural Exposition and the Florida Agricultural

2567

Museum; amending s. 205.064, F.S.; authorizing a person

2568

selling certain agricultural products who is not a natural

2569

person to qualify for an exemption from obtaining a local

2570

business tax receipt; amending s. 322.01, F.S.; revising

2571

the term "farm tractor" for purposes of drivers' licenses;

2572

amending s. 500.03, F.S.; revising the term "food

2573

establishment" to include tomato repackers for purposes of

2574

the Florida Food Safety Act; creating s. 500.70, F.S.;

2575

defining the terms "field packing," "packing" or

2576

"repacking," and "producing"; requiring the Department of

2577

Agriculture and Consumer Services to adopt minimum food

2578

safety standards for the producing, harvesting, packing,

2579

and repacking of tomatoes; authorizing the department to

2580

inspect tomato farms, greenhouses, and packinghouses or

2581

repackers for compliance with the standards and certain

2582

provisions of the Florida Food Safety Act; providing

2583

penalties; authorizing the department to establish good

2584

agricultural practices and best management practices for

2585

the state's tomato industry; providing a presumption that

2586

tomatoes introduced into commerce are safe for human

2587

consumption under certain circumstances; providing

2588

exemptions; authorizing the department to adopt rules;

2589

amending s. 570.07, F.S.; authorizing the department to

2590

adopt best management practices for agricultural

2591

production and food safety; amending s. 570.48, F.S.;

2592

revising duties of the Division of Fruit and Vegetables

2593

for tomato food safety inspections; amending s. 604.15,

2594

F.S.; revising the term "agricultural products" to make

2595

tropical foliage exempt from regulation under provisions

2596

relating to dealers in agricultural products; amending s.

2597

624.4095, F.S.; requiring that gross written premiums for

2598

certain crop insurance not be included when calculating

2599

the insurer's gross ratio; requiring that liabilities for

2600

ceded reinsurance premiums be netted against the asset for

2601

amounts recoverable from reinsurers; requiring that

2602

insurers who write other insurance products to disclose a

2603

breakout of the gross written premiums for crop insurance;

2604

amending s. 823.145, F.S.; expanding the materials used in

2605

agricultural operations that may be disposed of by open

2606

burning; providing certain limitations on open burning;

2607

amending s. 163.3162, F.S.; prohibiting a county from

2608

enforcing certain limits on the activity of a bona fide

2609

farm operation on agricultural land under certain

2610

circumstances; prohibiting a county from charging

2611

agricultural lands for stormwater management assessments

2612

and fees under certain circumstances; allowing an

2613

assessment to be collected if credits against the

2614

assessment are provided for implementation of best-

2615

management practices; providing exemptions from certain

2616

restrictions on a county's powers over the activity on

2617

agricultural land; providing a definition; providing for

2618

application; creating s. 163.3163, F.S.; creating the

2619

"Agricultural Land Acknowledgement Act"; providing

2620

legislative findings and intent; providing definitions;

2621

requiring an applicant for certain development permits to

2622

sign and submit an acknowledgement of contiguous

2623

agricultural land as a condition of the political

2624

subdivision issuing the permits; specifying information to

2625

be included in the acknowledgement; requiring that the

2626

acknowledgement be recorded in the official county

2627

records; amending s. 604.50, F.S.; exempting farm fences

2628

from the Florida Building Code; exempting nonresidential

2629

farm buildings and farm fences from county and municipal

2630

codes and fees; specifying that the exemptions do not

2631

apply to code provisions implementing certain floodplain

2632

regulations; providing an effective date.

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