CS/CS/HB 1241

1	A bill to be entitled
2	An act relating to the Department of Agriculture and
3	Consumer Services; amending s. 482.021, F.S.; revising
4	terminology to modify requirements for supervision
5	provided by certified operators in charge of pest control
6	businesses; amending s. 482.051, F.S.; requiring pest
7	control licensees to perform inspections before issuing
8	certain contracts; amending s. 482.071, F.S.; increasing
9	the financial responsibility requirements for pest control
10	licensees; creating s. 482.072, F.S.; requiring pest
11	control service center licenses; providing license
12	application requirements and procedures; providing for
13	expiration and renewal of licenses; establishing license
14	fees; exempting pest control service center employees from
15	identification card requirements except under certain
16	circumstances; requiring recordkeeping and monitoring of
17	service center operations; authorizing disciplinary action
18	against pest control licensees for violations committed by
19	service center employees; amending s. 482.152, F.S.;
20	revising duties and supervisory requirements of certified
21	operators in charge of pest control businesses; creating
22	s. 482.157, F.S.; providing for pest control certification
23	of commercial wildlife management personnel; providing
24	application procedures and requirements; requiring a
25	certification examination; establishing certification
26	fees; amending s. 482.226, F.S.; increasing the financial
27	responsibility requirements for certain pest control
28	licensees; amending s. 493.6102, F.S.; specifying that
29	provisions regulating security officers do not apply to
30	certain officers performing off-duty activities; amending
31	s. 493.6105, F.S.; revising application requirements and
32	procedures for private investigator, security officer, or
33	recovery agent licenses; specifying application
34	requirements for firearms instructor license; amending s.
35	493.6106, F.S.; revising citizenship requirements and
36	documentation for private investigator, security officer,
37	and recovery agent licenses; prohibiting the licensure of
38	applicants for a statewide firearm license or firearms
39	instructor license who are prohibited from purchasing or
40	possessing firearms; requiring notice of changes to branch
41	office locations for private investigative, security, or
42	recovery agencies; amending s. 493.6107, F.S.; requiring
43	the department to accept certain methods of payment for
44	certain fees; amending s. 493.6108, F.S.; revising
45	requirements for criminal history checks of license
46	applicants whose fingerprints are not legible; requiring
47	investigation of the mental and emotional fitness of
48	applicants for firearms instructor licenses; amending s.
49	493.6111, F.S.; requiring a security officer school or
50	recovery agent school to obtain the department's approval
51	for use of a fictitious name; amending s. 493.6113, F.S.;
52	revising application renewal procedures and requirements;
53	amending s. 493.6115, F.S.; conforming cross-references;
54	amending s. 493.6118, F.S.; authorizing disciplinary
55	action against statewide firearm licensees and firearms
56	instructor licensees who are prohibited from purchasing or
57	possessing firearms; amending s. 493.6121, F.S.; deleting
58	provisions for the department's access to certain criminal
59	history records provided to licensed gun dealers,
60	manufactures, and exporters; amending s. 493.6202, F.S.;
61	requiring the department to accept certain methods of
62	payment for certain fees; amending s. 493.6203, F.S.;
63	prohibiting bodyguard services from being credited toward
64	certain license requirements; revising training
65	requirements for private investigator intern license
66	applicants; amending s. 493.6302, F.S.; requiring the
67	department to accept certain methods of payment for
68	certain fees; amending s. 493.6303, F.S.; revising the
69	training requirements for security officer license
70	applicants; amending s. 493.6304, F.S.; revising
71	application requirements and procedures for security
72	officer school licenses; amending s. 493.6401, F.S.;
73	revising terminology for recovery agent schools and
74	training facilities; amending s. 493.6402, F.S.; revising
75	terminology for recovery agent schools and training
76	facilities; requiring the department to accept certain
77	methods of payment for certain fees; amending s. 493.6406,
78	F.S.; requiring recovery agent school and instructor
79	licenses; providing license application requirements and
80	procedures; amending ss. 501.605 and 501.607, F.S.;
81	revising application requirements for commercial telephone
82	seller and salesperson licenses; amending s. 501.913,
83	F.S.; specifying the sample size required for antifreeze
84	registration application; amending s. 525.01, F.S.;
85	revising requirements for petroleum fuel affidavits;
86	amending s. 525.09, F.S.; imposing an inspection fee on
87	certain alternative fuels containing alcohol; amending s.
88	526.50, F.S.; defining terms applicable to regulation of
89	the sale of brake fluid; amending s. 526.51, F.S.;
90	revising brake fluid permit application requirements;
91	deleting permit renewal requirements; providing for
92	reregistration of brake fluid and establishing fees;
93	amending s. 526.52, F.S.; revising requirements for
94	printed statements on brake fluid containers; amending s.
95	526.53, F.S.; revising requirements and procedures for
96	brake fluid stop-sale orders; authorizing businesses to
97	dispose of unregistered brake fluid under certain
98	circumstances; amending s. 527.02, F.S.; increasing fees
99	for liquefied petroleum gas licenses; revising fees for
100	pipeline system operators; amending s. 527.0201, F.S.;
101	revising requirements for liquefied petroleum gas
102	qualifying examinations; increasing examination fees;
103	increasing continuing education requirements for certain
104	liquefied petroleum gas qualifiers; amending s. 527.021,
105	F.S.; requiring the annual inspection of liquefied
106	petroleum gas transport vehicles; increasing the
107	inspection fee; amending s. 527.12, F.S.; providing for
108	the issuance of certain stop orders; amending ss. 559.805
109	and 559.928, F.S.; deleting requirements that lists of
110	independent agents of sellers of business opportunities
111	and the agents' registration affidavits include the
112	agents' social security numbers; amending s. 570.0725,
113	F.S.; revising provisions for public information about
114	food banks and similar food recovery programs; authorizing
115	the department to adopt rules; amending ss. 570.53 and
116	570.54, F.S.; conforming cross-references; amending s.
117	570.55, F.S.; revising requirements for identifying
118	sellers or handlers of tropical or subtropical fruit or
119	vegetables; amending s. 570.902, F.S.; conforming
120	terminology to the repeal by the act of provisions
121	establishing the Florida Agricultural Museum; amending s.
122	570.903, F.S.; revising provisions for direct-support
123	organizations for certain agricultural programs to conform
124	to the repeal by the act of provisions establishing the
125	Florida Agricultural Museum; deleting provisions for a
126	direct-support organization for the Florida State
127	Collection of Arthropods; amending s. 573.118, F.S.;
128	requiring the department to maintain records of marketing
129	orders; requiring an audit at the request of an advisory
130	council; requiring that the advisory council receive a
131	copy of the audit within a specified time; amending s.
132	581.011, F.S.; deleting terminology relating to the
133	Florida State Collection of Arthropods; revising the term
134	"nursery" for purposes of plant industry regulations;
135	amending s. 581.031, F.S.; increasing citrus source tree
136	registration fees; amending s. 581.131, F.S.; increasing
137	registration fees for a nurseryman, stock dealer, agent,
138	or plant broker certificate; amending s. 581.211, F.S.;
139	increasing the maximum fine for violations of plant
140	industry regulations; amending s. 583.13, F.S.; deleting a
141	prohibition on the sale of poultry without displaying the
142	poultry grade; amending s. 590.125, F.S.; revising
143	terminology for open burning authorizations; specifying
144	purposes of certified prescribed burning; requiring the
145	authorization of the Division of Forestry for certified
146	pile burning; providing pile burning requirements;
147	limiting the liability of property owners or agents
148	engaged in pile burning; providing for the certification
149	of pile burners; providing penalties for violations by
150	certified pile burners; requiring rules; revising notice
151	requirements for wildfire hazard reduction treatments;
152	providing for approval of local government open burning
153	authorization programs; providing program requirements;
154	authorizing the division to close local government
155	programs under certain circumstances; providing penalties
156	for violations of local government open burning
157	requirements; amending s. 590.14, F.S.; authorizing fines
158	for violations of any division rule; providing penalties
159	for certain violations; providing legislative intent;
160	amending s. 599.004, F.S.; revising standards that a
161	winery must meet to qualify as a certified Florida Farm
162	Winery; amending s. 604.15, F.S.; defining the term
163	"responsible position" for purposes of provisions
164	regulating dealers in agricultural products; amending s.
165	604.19, F.S.; revising requirements for late fees on
166	agricultural products dealer applications; amending s.
167	604.20, F.S.; revising the minimum amount of the surety
168	bond or certificate of deposit required for agricultural
169	products dealer licenses; providing conditions for the
170	payment of bond or certificate of deposit proceeds;
171	requiring additional documentation for issuance of a
172	conditional license; amending s. 604.25, F.S.; revising
173	conditions under which the department may deny, refuse to
174	renew, suspend, or revoke agricultural products dealer
175	licenses; deleting a provision prohibiting certain persons
176	from holding a responsible position with a licensee;
177	amending s. 616.242, F.S.; amending s. 686.201, F.S.;
178	exempting contracts involving a seller of travel from the
179	requirements of that section; authorizing the issuance of
180	stop-operation orders for amusement rides under certain
181	circumstances; amending s. 790.06, F.S.; authorizing a
182	concealed firearm license applicant to submit fingerprints
183	administered by the Division of Licensing; repealing ss.
184	570.071 and 570.901, F.S., relating to the Florida
185	Agricultural Exposition and the Florida Agricultural
186	Museum; amending s. 205.064, F.S.; authorizing a person
187	selling certain agricultural products who is not a natural
188	person to qualify for an exemption from obtaining a local
189	business tax receipt; amending s. 322.01, F.S.; revising
190	the term "farm tractor" for purposes of drivers' licenses;
191	amending s. 500.03, F.S.; revising the term "food
192	establishment" to include tomato repackers for purposes of
193	the Florida Food Safety Act; creating s. 500.70, F.S.;
194	defining the terms "field packing," "packing" or
195	"repacking," and "producing"; requiring the Department of
196	Agriculture and Consumer Services to adopt minimum food
197	safety standards for the producing, harvesting, packing,
198	and repacking of tomatoes; authorizing the department to
199	inspect tomato farms, greenhouses, and packinghouses or
200	repackers for compliance with the standards and certain
201	provisions of the Florida Food Safety Act; providing
202	penalties; authorizing the department to establish good
203	agricultural practices and best management practices for
204	the state's tomato industry; providing a presumption that
205	tomatoes introduced into commerce are safe for human
206	consumption under certain circumstances; providing
207	exemptions; authorizing the department to adopt rules;
208	amending s. 570.07, F.S.; authorizing the department to
209	adopt best management practices for agricultural
210	production and food safety; amending s. 570.48, F.S.;
211	revising duties of the Division of Fruit and Vegetables
212	for tomato food safety inspections; amending s. 604.15,
213	F.S.; revising the term "agricultural products" to make
214	tropical foliage exempt from regulation under provisions
215	relating to dealers in agricultural products; amending s.
216	624.4095, F.S.; requiring that gross written premiums for
217	certain crop insurance not be included when calculating
218	the insurer's gross ratio; requiring that liabilities for
219	ceded reinsurance premiums be netted against the asset for
220	amounts recoverable from reinsurers; requiring that
221	insurers who write other insurance products to disclose a
222	breakout of the gross written premiums for crop insurance;
223	amending s. 823.145, F.S.; expanding the materials used in
224	agricultural operations that may be disposed of by open
225	burning; providing certain limitations on open burning;
226	amending s. 163.3162, F.S.; prohibiting a county from
227	enforcing certain limits on the activity of a bona fide
228	farm operation on agricultural land under certain
229	circumstances; prohibiting a county from charging
230	agricultural lands for stormwater management assessments
231	and fees under certain circumstances; allowing an
232	assessment to be collected if credits against the
233	assessment are provided for implementation of best-
234	management practices; providing exemptions from certain
235	restrictions on a county's powers over the activity on
236	agricultural land; providing a definition; providing for
237	application; creating s. 163.3163, F.S.; creating the
238	"Agricultural Land Acknowledgement Act"; providing
239	legislative findings and intent; providing definitions;
240	requiring an applicant for certain development permits to
241	sign and submit an acknowledgement of contiguous
242	agricultural land as a condition of the political
243	subdivision issuing the permits; specifying information to
244	be included in the acknowledgement; requiring that the
245	acknowledgement be recorded in the official county
246	records; amending s. 604.50, F.S.; exempting farm fences
247	from the Florida Building Code; exempting nonresidential
248	farm buildings and farm fences from county and municipal
249	codes and fees; specifying that the exemptions do not
250	apply to code provisions implementing certain floodplain
251	regulations; providing an effective date.
252
253	Be It Enacted by the Legislature of the State of Florida:
254
255	Section 1.  Subsections (5) and (7) of section 482.021,
256	Florida Statutes, are amended to read:
257	482.021  Definitions.--For the purposes of this chapter,
258	and unless otherwise required by the context, the term:
259	(5)  "Certified operator in charge" means a certified
260	operator:
261	(a)  Whose primary occupation is the pest control business;
262	(b)  Who is employed full time by a licensee; and
263	(c)  Whose principal duty is the personal supervision of
264	the licensee's operation in a category or categories of pest
265	control in which the operator is certified.
266	(7)  "Employee" means a person who is employed by a
267	licensee that provides that person with necessary training,
268	supervision, pesticides, equipment, and insurance and who
269	receives compensation from and is under the personal supervision
270	and direct control of the licensee's certified operator in
271	charge and from whose compensation the licensee regularly
272	deducts and matches federal insurance contributions and federal
273	income and Social Security taxes.
274	Section 2.  Subsection (3) of section 482.051, Florida
275	Statutes, is amended to read:
276	482.051  Rules.--The department has authority to adopt
277	rules pursuant to ss. 120.536(1) and 120.54 to implement the
278	provisions of this chapter. Prior to proposing the adoption of a
279	rule, the department shall counsel with members of the pest
280	control industry concerning the proposed rule. The department
281	shall adopt rules for the protection of the health, safety, and
282	welfare of pest control employees and the general public which
283	require:
284	(3)  That written contracts be required for providing
285	termites and other wood-destroying organisms pest control, that
286	provisions necessary to assure consumer protection as specified
287	by the department be included in such contracts, that licensees
288	perform an inspection before issuing a contract on an existing
289	structure, and that require licensees to comply with the
290	contracts issued.
291	Section 3.  Subsection (4) of section 482.071, Florida
292	Statutes, is amended to read:
293	482.071  Licenses.--
294	(4)  A licensee may not operate a pest control business
295	without carrying the required insurance coverage. Each person
296	making application for a pest control business license or
297	renewal thereof must furnish to the department a certificate of
298	insurance that meets the requirements for minimum financial
299	responsibility for bodily injury and property damage consisting
300	of:
301	(a)  Bodily injury: $250,000 $100,000 each person and
302	$500,000 $300,000 each occurrence; and property damage: $250,000
303	$50,000 each occurrence and $500,000 $100,000 in the aggregate;
304	or
305	(b)  Combined single-limit coverage: $500,000 $400,000 in
306	the aggregate.
307	Section 4.  Section 482.072, Florida Statutes, is created
308	to read:
309	482.072  Pest control service centers.--
310	(1)  The department may issue a license to a qualified
311	business to operate a pest control service center, to solicit
312	pest control business, or to provide services to customers for
313	one or more business locations licensed under s. 482.071. A
314	person may not operate a centralized service center for a pest
315	control business that is not licensed by the department.
316	(2)(a)  Before operating a pest control service center, and
317	biennially thereafter, on or before an anniversary date set by
318	the department for the licensed pest control service center
319	location, the pest control business must apply to the department
320	for a license under this chapter, or a renewal thereof, for each
321	pest control service center location. An application must be
322	submitted in the format prescribed by the department.
323	(b)  The department shall establish a fee for the issuance
324	of a pest control service center license of at least $500, but
325	not more than $1,000, and a fee for the renewal of a license of
326	at least $500, but not more than $1,000; however, until rules
327	setting the fees are adopted by the department, the initial
328	license and renewal fees are each set at $500. The department
329	shall establish a grace period, not to exceed 30 calendar days
330	after a license's anniversary renewal date. The department shall
331	assess a late renewal fee of $150, in addition to the renewal
332	fee, to a business that renews its license after the grace
333	period.
334	(c)  A license automatically expires 60 calendar days after
335	the anniversary renewal date unless the license is renewed
336	before that date. Once a license expires, it may be reinstated
337	only upon reapplication and payment of the license fee and late
338	renewal fee.
339	(d)  A license automatically expires when a licensee
340	changes its pest control service center business location
341	address. The department shall issue a new license upon payment
342	of a $250 fee. The new license automatically expires 60 calendar
343	days after the anniversary renewal date of the former license
344	unless the license is renewed before that date.
345	(e)  The department may not issue or renew a license to
346	operate a centralized pest control service center unless the
347	pest control business licensees for whom the centralized service
348	center solicits business have one or more common owners.
349	(f)  The department may deny the issuance of a pest control
350	service center license, or refuse to renew a license, if the
351	department finds that the applicant or licensee, or any of its
352	directors, officers, owners, or general partners, are or were
353	directors, officers, owners, or general partners of a pest
354	control business described in s. 482.071(2)(g) or violated a
355	rule adopted under s. 482.071(2)(f).
356	(g)  Section 482.091 does not apply to a person who
357	solicits pest control services or provides customer service in a
358	licensed pest control service center unless the person performs
359	the pest control work described in s. 482.021(21)(a)-(d),
360	executes a pest control contract, or accepts remuneration for
361	such work.
362	(3)(a)  The department shall adopt rules establishing
363	requirements and procedures for recordkeeping and monitoring of
364	pest control service center operations to ensure compliance with
365	this chapter and rules adopted under this chapter.
366	(b)  Notwithstanding s. 482.163, whether an employee acts
367	outside of the course and scope of his or her employment or
368	whether the employee disobeys employer policies:
369	1.  A pest control service center licensee may be subject
370	to disciplinary action under s. 482.161 for a violation of this
371	chapter or a rule adopted under this chapter committed by an
372	employee of the service center.
373	2.  A pest control business licensee may be subject to
374	disciplinary action under s. 482.161 for a violation committed
375	by an employee of the service center if the business licensee
376	benefits from the violation.
377	Section 5.  Section 482.152, Florida Statutes, is amended
378	to read:
379	482.152  Duties of certified operator in charge of pest
380	control activities of licensee.--A certified operator in charge
381	of the pest control activities of a licensee shall have her or
382	his primary occupation with the licensee and shall be a full-
383	time employee of the licensee. The, and her or his principal
384	duties of the certified operator in charge duty shall include:
385	(1)  The Responsibility for the personal supervision of,
386	and participation in, the pest control activities of at the
387	business location of the licensee. This chapter does not prevent
388	a certified operator in charge from performing duties at other
389	business locations owned by the licensee if:
390	(a)  The certified operator in charge performs her or his
391	duties as provided in this section for the business location of
392	the licensee.
393	(b)  The certified operator in charge is a full-time
394	employee of the licensee.
395	(c)  The primary occupation of the certified operator in
396	charge is the pest control business. as the same relate to:
397	(2)(1)  The Selection of proper and correct chemicals for
398	the particular pest control work performed.
399	(3)(2)  The Safe and proper use of the pesticides used.
400	(4)(3)  The Correct concentration and formulation of
401	pesticides used in all pest control work performed.
402	(5)(4)  The Training of personnel in the proper and
403	acceptable methods of pest control.
404	(6)(5)  The Control measures and procedures used.
405	(7)(6)  The Notification of the department of any
406	accidental human poisoning or death connected with pest control
407	work performed on a job she or he is supervising, within 24
408	hours after she or he has knowledge of the poisoning or death.
409	Section 6.  Section 482.157, Florida Statutes, is created
410	to read:
411	482.157  Limited certification for commercial wildlife
412	management personnel.--
413	(1)  The department shall establish a limited certification
414	category for individual commercial wildlife management personnel
415	which authorizes the personnel to use nonchemical methods for
416	controlling pest birds or rodents, including, but not limited
417	to, the use of traps, glue boards, mechanical or electronic
418	devices, or exclusionary techniques.
419	(2)  A person seeking limited certification under this
420	section must pass an examination administered by the department.
421	An application for examination must be accompanied by an
422	examination fee set by rule of the department of at least $150
423	but not to exceed $300. The department shall provide the
424	appropriate reference materials for the examination and make the
425	examination readily available to applicants at least quarterly
426	or as often as necessary in each county. Before the department
427	issues a limited certification under this section, the person
428	applying for certification must furnish proof that he or she
429	holds a certificate of insurance stating that his or her
430	employer meets the requirements for minimum financial
431	responsibility in s. 482.071(4).
432	(3)  An application for recertification under this section
433	must be submitted biennially and must be accompanied by a
434	recertification fee set by rule of the department of at least
435	$150 but not to exceed $300. The application must also be
436	accompanied by proof that:
437	(a)  The applicant completed 4 classroom hours of
438	acceptable continuing education.
439	(b)  The applicant holds a certificate of insurance stating
440	that his or her employer meets the requirements for minimum
441	financial responsibility in s. 482.071(4).
442	(4)  The department shall establish a grace period, not to
443	exceed 30 calendar days after a biennial date established by the
444	department on which recertification is due. The department shall
445	assess a late charge of $50, in addition to the recertification
446	fee, to commercial wildlife management personnel who are
447	recertified after the grace period.
448	(5)  A limited certification automatically expires 180
449	calendar days after the biennial date on which recertification
450	is due unless the commercial wildlife personnel are recertified
451	before the certification expires. Once a certification expires,
452	certification may be issued only upon successful reexamination
453	and payment of the examination fees.
454	(6)  Certification under this section does not authorize:
455	(a)  Use of any pesticide or chemical substance, other than
456	adhesive materials, to control pest birds, rodents, or other
457	nuisance wildlife in, on, or under a structure.
458	(b)  Operation of a pest control business.
459	(c)  Supervision of a certified person.
460	Section 7.  Subsection (6) of section 482.226, Florida
461	Statutes, is amended to read:
462	482.226  Wood-destroying organism inspection report; notice
463	of inspection or treatment; financial responsibility.--
464	(6)  Any licensee that performs wood-destroying organism
465	inspections in accordance with subsection (1) must meet minimum
466	financial responsibility in the form of errors and omissions
467	(professional liability) insurance coverage or bond in an amount
468	no less than $250,000 $50,000 in the aggregate and $25,000 per
469	occurrence, or demonstrate that the licensee has equity or net
470	worth of no less than $500,000 $100,000 as determined by
471	generally accepted accounting principles substantiated by a
472	certified public accountant's review or certified audit. The
473	licensee must show proof of meeting this requirement at the time
474	of license application or renewal thereof.
475	Section 8.  Subsection (1) of section 493.6102, Florida
476	Statutes, is amended to read:
477	493.6102  Inapplicability of this chapter.--This chapter
478	shall not apply to:
479	(1)  Any individual who is an "officer" as defined in s.
480	943.10(14), or is a law enforcement officer of the United States
481	Government, while the such local, state, or federal officer is
482	engaged in her or his official duties or, if approved by the
483	officer's supervisors, when performing off-duty activities as a
484	security officer activities approved by her or his superiors.
485	Section 9.  Section 493.6105, Florida Statutes, is amended
486	to read:
487	493.6105  Initial application for license.--
488	(1)  Each individual, partner, or principal officer in a
489	corporation, shall file with the department a complete
490	application accompanied by an application fee not to exceed $60,
491	except that the applicant for a Class "D" or Class "G" license
492	shall not be required to submit an application fee. The
493	application fee shall not be refundable.
494	(a)  The application submitted by any individual, partner,
495	or corporate officer shall be approved by the department prior
496	to that individual, partner, or corporate officer assuming his
497	or her duties.
498	(b)  Individuals who invest in the ownership of a licensed
499	agency, but do not participate in, direct, or control the
500	operations of the agency shall not be required to file an
501	application.
502	(2)  Each application shall be signed and verified by the
503	individual under oath as provided in s. 92.525 and shall be
504	notarized.
505	(3)  The application shall contain the following
506	information concerning the individual signing same:
507	(a)  Name and any aliases.
508	(b)  Age and date of birth.
509	(c)  Place of birth.
510	(d)  Social security number or alien registration number,
511	whichever is applicable.
512	(e)  Present residence address and his or her residence
513	addresses within the 5 years immediately preceding the
514	submission of the application.
515	(f)  Occupations held presently and within the 5 years
516	immediately preceding the submission of the application.
517	(f)(g)  A statement of all criminal convictions, findings
518	of guilt, and pleas of guilty or nolo contendere, regardless of
519	adjudication of guilt.
520	(g)  One passport-type color photograph taken within the 6
521	months immediately preceding submission of the application.
522	(h)  A statement whether he or she has ever been
523	adjudicated incompetent under chapter 744.
524	(i)  A statement whether he or she has ever been committed
525	to a mental institution under chapter 394.
526	(j)  A full set of fingerprints on a card provided by the
527	department and a fingerprint fee to be established by rule of
528	the department based upon costs determined by state and federal
529	agency charges and department processing costs. An applicant who
530	has, within the immediately preceding 6 months, submitted a
531	fingerprint card and fee for licensing purposes under this
532	chapter shall not be required to submit another fingerprint card
533	or fee.
534	(k)  A personal inquiry waiver which allows the department
535	to conduct necessary investigations to satisfy the requirements
536	of this chapter.
537	(l)  Such further facts as may be required by the
538	department to show that the individual signing the application
539	is of good moral character and qualified by experience and
540	training to satisfy the requirements of this chapter.
541	(4)  In addition to the application requirements outlined
542	in subsection (3), the applicant for a Class "C," Class "CC,"
543	Class "E," Class "EE," or Class "G" license shall submit two
544	color photographs taken within the 6 months immediately
545	preceding the submission of the application, which meet
546	specifications prescribed by rule of the department. All other
547	applicants shall submit one photograph taken within the 6 months
548	immediately preceding the submission of the application.
549	(4)(5)  In addition to the application requirements
550	outlined under subsection (3), the applicant for a Class "C,"
551	Class "E," Class "M," Class "MA," Class "MB," or Class "MR"
552	license shall include a statement on a form provided by the
553	department of the experience which he or she believes will
554	qualify him or her for such license.
555	(5)(6)  In addition to the requirements outlined in
556	subsection (3), an applicant for a Class "G" license shall
557	satisfy minimum training criteria for firearms established by
558	rule of the department, which training criteria shall include,
559	but is not limited to, 28 hours of range and classroom training
560	taught and administered by a Class "K" licensee; however, no
561	more than 8 hours of such training shall consist of range
562	training. If the applicant can show proof that he or she is an
563	active law enforcement officer currently certified under the
564	Criminal Justice Standards and Training Commission or has
565	completed the training required for that certification within
566	the last 12 months, or if the applicant submits one of the
567	certificates specified in paragraph (6)(a) (7)(a), the
568	department may waive the foregoing firearms training
569	requirement.
570	(6)(7)  In addition to the requirements under subsection
571	(3), an applicant for a Class "K" license shall:
572	(a)  Submit one of the following certificates:
573	1.  The Florida Criminal Justice Standards and Training
574	Commission Firearms Instructor's Certificate and confirmation by
575	the commission that the applicant is authorized to provide
576	firearms instruction.
577	2.  The National Rifle Association Law Enforcement Police
578	Firearms Instructor's Certificate.
579	3.  The National Rifle Association Security Firearms
580	Instructor's Certificate.
581	3.4.  A firearms instructor's training certificate issued
582	by any branch of the United States Armed Forces, from a federal
583	law enforcement academy or agency, state, county, or municipal
584	police academy in this state recognized as such by the Criminal
585	Justice Standards and Training Commission or by the Department
586	of Education.
587	(b)  Pay the fee for and pass an examination administered
588	by the department which shall be based upon, but is not
589	necessarily limited to, a firearms instruction manual provided
590	by the department.
591	(7)(8)  In addition to the application requirements for
592	individuals, partners, or officers outlined under subsection
593	(3), the application for an agency license shall contain the
594	following information:
595	(a)  The proposed name under which the agency intends to
596	operate.
597	(b)  The street address, mailing address, and telephone
598	numbers of the principal location at which business is to be
599	conducted in this state.
600	(c)  The street address, mailing address, and telephone
601	numbers of all branch offices within this state.
602	(d)  The names and titles of all partners or, in the case
603	of a corporation, the names and titles of its principal
604	officers.
605	(8)(9)  Upon submission of a complete application, a Class
606	"CC," Class "C," Class "D," Class "EE," Class "E," Class "M,"
607	Class "MA," Class "MB," or Class "MR" applicant may commence
608	employment or appropriate duties for a licensed agency or branch
609	office. However, the Class "C" or Class "E" applicant must work
610	under the direction and control of a sponsoring licensee while
611	his or her application is being processed. If the department
612	denies application for licensure, the employment of the
613	applicant must be terminated immediately, unless he or she
614	performs only unregulated duties.
615	Section 10.  Paragraph (f) of subsection (1) and paragraph
616	(a) of subsection (2) of section 493.6106, Florida Statutes, are
617	amended, and paragraph (g) is added to subsection (1) of that
618	section, to read:
619	493.6106  License requirements; posting.--
620	(1)  Each individual licensed by the department must:
621	(f)  Be a citizen or permanent legal resident alien of the
622	United States or have appropriate been granted authorization
623	issued to seek employment in this country by the United States
624	Bureau of Citizenship and Immigration Services of the United
625	States Department of Homeland Security.
626	1.  An applicant for a Class "C," Class "CC," Class "D,"
627	Class "DI," Class "E," Class "EE," Class "M," Class "MA," Class
628	"MB," Class "MR," or Class "RI" license who is not a United
629	States citizen must submit proof of current employment
630	authorization issued by the United States Bureau of Citizenship
631	and Immigration Services or proof that she or he is deemed a
632	permanent legal resident alien by the United States Bureau of
633	Citizenship and Immigration Services.
634	2.  An applicant for a Class "G" or Class "K" license who
635	is not a United States citizen must submit proof that she or he
636	is deemed a permanent legal resident alien by the United States
637	Bureau of Citizenship and Immigration Services, together with
638	additional documentation establishing that she or he has resided
639	in the state of residence shown on the application for at least
640	90 consecutive days before the date that the application is
641	submitted.
642	3.  An applicant for an agency or school license who is not
643	a United States citizen or permanent legal resident alien must
644	submit documentation issued by the United States Bureau of
645	Citizenship and Immigration Services stating that she or he is
646	lawfully in the United States and is authorized to own and
647	operate the type of agency or school for which she or he is
648	applying. An employment authorization card issued by the United
649	States Bureau of Citizenship and Immigration Services is not
650	sufficient documentation.
651	(g)  Not be prohibited from purchasing or possessing a
652	firearm by state or federal law if the individual is applying
653	for a Class "G" license or a Class "K" license.
654	(2)  Each agency shall have a minimum of one physical
655	location within this state from which the normal business of the
656	agency is conducted, and this location shall be considered the
657	primary office for that agency in this state.
658	(a)  If an agency or branch office desires to change the
659	physical location of the business, as it appears on the agency
660	license, the department must be notified within 10 days of the
661	change, and, except upon renewal, the fee prescribed in s.
662	493.6107 must be submitted for each license requiring revision.
663	Each license requiring revision must be returned with such
664	notification.
665	Section 11.  Subsection (3) of section 493.6107, Florida
666	Statutes, is amended to read:
667	493.6107  Fees.--
668	(3)  The fees set forth in this section must be paid by
669	certified check or money order or, at the discretion of the
670	department, by agency check at the time the application is
671	approved, except that the applicant for a Class "G" or Class "M"
672	license must pay the license fee at the time the application is
673	made. If a license is revoked or denied or if the application is
674	withdrawn, the license fee shall not be refunded.
675	Section 12.  Paragraph (a) of subsection (1) and subsection
676	(3) of section 493.6108, Florida Statutes, are amended to read:
677	493.6108  Investigation of applicants by Department of
678	Agriculture and Consumer Services.--
679	(1)  Except as otherwise provided, prior to the issuance of
680	a license under this chapter, the department shall make an
681	investigation of the applicant for a license. The investigation
682	shall include:
683	(a)1.  An examination of fingerprint records and police
684	records. When a criminal history analysis of any applicant under
685	this chapter is performed by means of fingerprint card
686	identification, the time limitations prescribed by s. 120.60(1)
687	shall be tolled during the time the applicant's fingerprint card
688	is under review by the Department of Law Enforcement or the
689	United States Department of Justice, Federal Bureau of
690	Investigation.
691	2.  If a legible set of fingerprints, as determined by the
692	Department of Law Enforcement or the Federal Bureau of
693	Investigation, cannot be obtained after two attempts, the
694	Department of Agriculture and Consumer Services may determine
695	the applicant's eligibility based upon a criminal history record
696	check under the applicant's name conducted by the Department of
697	Law Enforcement if the and the Federal Bureau of Investigation.
698	A set of fingerprints are taken by a law enforcement agency or
699	the department and the applicant submits a written statement
700	signed by the fingerprint technician or a licensed physician
701	stating that there is a physical condition that precludes
702	obtaining a legible set of fingerprints or that the fingerprints
703	taken are the best that can be obtained is sufficient to meet
704	this requirement.
705	(3)  The department shall also investigate the mental
706	history and current mental and emotional fitness of any Class
707	"G" or Class "K" applicant, and may deny a Class "G" or Class
708	"K" license to anyone who has a history of mental illness or
709	drug or alcohol abuse.
710	Section 13.  Subsection (4) of section 493.6111, Florida
711	Statutes, is amended to read:
712	493.6111  License; contents; identification card.--
713	(4)  Notwithstanding the existence of a valid Florida
714	corporate registration, an no agency or school licensee may not
715	conduct activities regulated under this chapter under any
716	fictitious name without prior written authorization from the
717	department to use that name in the conduct of activities
718	regulated under this chapter. The department may not authorize
719	the use of a name which is so similar to that of a public
720	officer or agency, or of that used by another licensee, that the
721	public may be confused or misled thereby. The authorization for
722	the use of a fictitious name shall require, as a condition
723	precedent to the use of such name, the filing of a certificate
724	of engaging in business under a fictitious name under s. 865.09.
725	A No licensee may not shall be permitted to conduct business
726	under more than one fictitious name except as separately
727	licensed nor shall the license be valid to protect any licensee
728	who is engaged in the business under any name other than that
729	specified in the license. An agency desiring to change its
730	licensed name shall notify the department and, except upon
731	renewal, pay a fee not to exceed $30 for each license requiring
732	revision including those of all licensed employees except Class
733	"D" or Class "G" licensees. Upon the return of such licenses to
734	the department, revised licenses shall be provided.
735	Section 14.  Subsection (2) and paragraph (a) of subsection
736	(3) of section 493.6113, Florida Statutes, are amended to read:
737	493.6113  Renewal application for licensure.--
738	(2)  At least No less than 90 days before prior to the
739	expiration date of the license, the department shall mail a
740	written notice to the last known mailing residence address of
741	the licensee for individual licensees and to the last known
742	agency address for agencies.
743	(3)  Each licensee shall be responsible for renewing his or
744	her license on or before its expiration by filing with the
745	department an application for renewal accompanied by payment of
746	the prescribed license fee.
747	(a)  Each Class "B" Class "A," Class "B," or Class "R"
748	licensee shall additionally submit on a form prescribed by the
749	department a certification of insurance which evidences that the
750	licensee maintains coverage as required under s. 493.6110.
751	Section 15.  Subsection (8), paragraph (d) of subsection
752	(12), and subsection (16) of section 493.6115, Florida Statutes,
753	are amended to read:
754	493.6115  Weapons and firearms.--
755	(8)  A Class "G" applicant must satisfy the minimum
756	training criteria as set forth in s. 493.6105(5)(6) and as
757	established by rule of the department.
758	(12)  The department may issue a temporary Class "G"
759	license, on a case-by-case basis, if:
760	(d)  The applicant has received approval from the
761	department subsequent to its conduct of a criminal history
762	record check as authorized in s. 493.6108(1)(a)1. 493.6121(6).
763	(16)  If the criminal history record check program
764	referenced in s. 493.6108(1)(a)1. 493.6121(6) is inoperable, the
765	department may issue a temporary "G" license on a case-by-case
766	basis, provided that the applicant has met all statutory
767	requirements for the issuance of a temporary "G" license as
768	specified in subsection (12), excepting the criminal history
769	record check stipulated there; provided, that the department
770	requires that the licensed employer of the applicant conduct a
771	criminal history record check of the applicant pursuant to
772	standards set forth in rule by the department, and provide to
773	the department an affidavit containing such information and
774	statements as required by the department, including a statement
775	that the criminal history record check did not indicate the
776	existence of any criminal history that would prohibit licensure.
777	Failure to properly conduct such a check, or knowingly providing
778	incorrect or misleading information or statements in the
779	affidavit shall constitute grounds for disciplinary action
780	against the licensed agency, including revocation of license.
781	Section 16.  Paragraph (u) of subsection (1) of section
782	493.6118, Florida Statutes, is redesignated as paragraph (v),
783	and a new paragraph (u) is added to that subsection to read:
784	493.6118  Grounds for disciplinary action.--
785	(1)  The following constitute grounds for which
786	disciplinary action specified in subsection (2) may be taken by
787	the department against any licensee, agency, or applicant
788	regulated by this chapter, or any unlicensed person engaged in
789	activities regulated under this chapter.
790	(u)  For a Class "G" or a Class "K" applicant or licensee,
791	being prohibited from purchasing or possessing a firearm by
792	state or federal law.
793	Section 17.  Subsections (7) and (8) of section 493.6121,
794	Florida Statutes, are renumbered as subsections (6) and (7),
795	respectively, and present subsection (6) of that section is
796	amended, to read:
797	493.6121  Enforcement; investigation.--
798	(6)  The department shall be provided access to the program
799	that is operated by the Department of Law Enforcement, pursuant
800	to s. 790.065, for providing criminal history record information
801	to licensed gun dealers, manufacturers, and exporters. The
802	department may make inquiries, and shall receive responses in
803	the same fashion as provided under s. 790.065. The department
804	shall be responsible for payment to the Department of Law
805	Enforcement of the same fees as charged to others afforded
806	access to the program.
807	Section 18.  Subsection (3) of section 493.6202, Florida
808	Statutes, is amended to read:
809	493.6202  Fees.--
810	(3)  The fees set forth in this section must be paid by
811	certified check or money order or, at the discretion of the
812	department, by agency check at the time the application is
813	approved, except that the applicant for a Class "G," Class "C,"
814	Class "CC," Class "M," or Class "MA" license must pay the
815	license fee at the time the application is made. If a license is
816	revoked or denied or if the application is withdrawn, the
817	license fee shall not be refunded.
818	Section 19.  Subsections (2), (4), and (6) of section
819	493.6203, Florida Statutes, are amended to read:
820	493.6203  License requirements.--In addition to the license
821	requirements set forth elsewhere in this chapter, each
822	individual or agency shall comply with the following additional
823	requirements:
824	(2)  An applicant for a Class "MA" license shall have 2
825	years of lawfully gained, verifiable, full-time experience, or
826	training in:
827	(a)  Private investigative work or related fields of work
828	that provided equivalent experience or training;
829	(b)  Work as a Class "CC" licensed intern;
830	(c)  Any combination of paragraphs (a) and (b);
831	(d)  Experience described in paragraph (a) for 1 year and
832	experience described in paragraph (e) for 1 year;
833	(e)  No more than 1 year using:
834	1.  College coursework related to criminal justice,
835	criminology, or law enforcement administration; or
836	2.  Successfully completed law enforcement-related training
837	received from any federal, state, county, or municipal agency;
838	or
839	(f)  Experience described in paragraph (a) for 1 year and
840	work in a managerial or supervisory capacity for 1 year.
841
842	However, experience in performing bodyguard services is not
843	creditable toward the requirements of this subsection.
844	(4)  An applicant for a Class "C" license shall have 2
845	years of lawfully gained, verifiable, full-time experience, or
846	training in one, or a combination of more than one, of the
847	following:
848	(a)  Private investigative work or related fields of work
849	that provided equivalent experience or training.
850	(b)  College coursework related to criminal justice,
851	criminology, or law enforcement administration, or successful
852	completion of any law enforcement-related training received from
853	any federal, state, county, or municipal agency, except that no
854	more than 1 year may be used from this category.
855	(c)  Work as a Class "CC" licensed intern.
856
857	However, experience in performing bodyguard services is not
858	creditable toward the requirements of this subsection.
859	(6)(a)  A Class "CC" licensee shall serve an internship
860	under the direction and control of a designated sponsor, who is
861	a Class "C," Class "MA," or Class "M" licensee.
862	(b)  Effective July 1, 2009 September 1, 2008, before
863	submission of an application to the department, the an applicant
864	for a Class "CC" license must have completed a minimum of 40 at
865	least 24 hours of professional training a 40-hour course
866	pertaining to general investigative techniques and this chapter,
867	which course is offered by a state university or by a school,
868	community college, college, or university under the purview of
869	the Department of Education, and the applicant must pass an
870	examination. The training must be provided in two parts, one 24-
871	hour course and one 16-hour course. The certificate evidencing
872	satisfactory completion of the 40 at least 24 hours of
873	professional training a 40-hour course must be submitted with
874	the application for a Class "CC" license. The remaining 16 hours
875	must be completed and an examination passed within 180 days. If
876	documentation of completion of the required training is not
877	submitted within the specified timeframe, the individual's
878	license is automatically suspended or his or her authority to
879	work as a Class "CC" pursuant to s. 493.6105(9) is rescinded
880	until such time as proof of certificate of completion is
881	provided to the department. The training course specified in
882	this paragraph may be provided by face-to-face presentation,
883	online technology, or a home study course in accordance with
884	rules and procedures of the Department of Education. The
885	administrator of the examination must verify the identity of
886	each applicant taking the examination.
887	1.  Upon an applicant's successful completion of each part
888	of the approved training course and passage of any required
889	examination, the school, community college, college, or
890	university shall issue a certificate of completion to the
891	applicant. The certificates must be on a form established by
892	rule of the department.
893	2.  The department shall establish by rule the general
894	content of the professional training course and the examination
895	criteria.
896	3.  If the license of an applicant for relicensure is has
897	been invalid for more than 1 year, the applicant must complete
898	the required training and pass any required examination.
899	(c)  An individual who submits an application for a Class
900	"CC" license on or after September 1, 2008, through June 30,
901	2009, who has not completed the 16-hour course must submit proof
902	of successful completion of the course within 180 days after the
903	date the application is submitted. If documentation of
904	completion of the required training is not submitted by that
905	date, the individual's license is automatically suspended until
906	proof of the required training is submitted to the department.
907	An individual licensed on or before August 31, 2008, is not
908	required to complete additional training hours in order to renew
909	an active license beyond the required total amount of training,
910	and within the timeframe, in effect at the time he or she was
911	licensed.
912	Section 20.  Subsection (3) of section 493.6302, Florida
913	Statutes, is amended to read:
914	493.6302  Fees.--
915	(3)  The fees set forth in this section must be paid by
916	certified check or money order or, at the discretion of the
917	department, by agency check at the time the application is
918	approved, except that the applicant for a Class "D," Class "G,"
919	Class "M," or Class "MB" license must pay the license fee at the
920	time the application is made. If a license is revoked or denied
921	or if the application is withdrawn, the license fee shall not be
922	refunded.
923	Section 21.  Subsection (4) of section 493.6303, Florida
924	Statutes, is amended to read:
925	493.6303  License requirements.--In addition to the license
926	requirements set forth elsewhere in this chapter, each
927	individual or agency shall comply with the following additional
928	requirements:
929	(4)(a)  Effective July 1, 2009, an applicant for a Class
930	"D" license must submit proof of successful completion of
931	complete a minimum of 40 hours of professional training at a
932	school or training facility licensed by the department. The
933	training must be provided in two parts, one 24-hour course and
934	one 16-hour course. The department shall by rule establish the
935	general content and number of hours of each subject area to be
936	taught.
937	(b)  An individual who submits an application for a Class
938	"D" license on or after January 1, 2007, through June 30, 2009,
939	who has not completed the 16-hour course must submit proof of
940	successful completion of the course within 180 days after the
941	date the application is submitted. If documentation of
942	completion of the required training is not submitted by that
943	date, the individual's license is automatically suspended until
944	proof of the required training is submitted to the department.
945	This section does not require a person licensed before January
946	1, 2007, to complete additional training hours in order to renew
947	an active license beyond the required total amount of training
948	within the timeframe prescribed by law at the time he or she was
949	licensed. An applicant may fulfill the training requirement
950	prescribed in paragraph (a) by submitting proof of:
951	1.  Successful completion of the total number of required
952	hours of training before initial application for a Class "D"
953	license; or
954	2.  Successful completion of 24 hours of training before
955	initial application for a Class "D" license and successful
956	completion of the remaining 16 hours of training within 180 days
957	after the date that the application is submitted. If
958	documentation of completion of the required training is not
959	submitted within the specified timeframe, the individual's
960	license is automatically suspended until such time as proof of
961	the required training is provided to the department.
962	(c)  An individual However, any person whose license is
963	suspended or has been revoked, suspended pursuant to paragraph
964	(b) subparagraph 2., or is expired for at least 1 year, or
965	longer is considered, upon reapplication for a license, an
966	initial applicant and must submit proof of successful completion
967	of 40 hours of professional training at a school or training
968	facility licensed by the department as provided prescribed in
969	paragraph (a) before a license is will be issued. Any person
970	whose license was issued before January 1, 2007, and whose
971	license has been expired for less than 1 year must, upon
972	reapplication for a license, submit documentation of completion
973	of the total number of hours of training prescribed by law at
974	the time her or his initial license was issued before another
975	license will be issued. This subsection does not require an
976	individual licensed before January 1, 2007, to complete
977	additional training hours in order to renew an active license,
978	beyond the required total amount of training within the
979	timeframe prescribed by law at the time she or he was licensed.
980	Section 22.  Subsection (2) of section 493.6304, Florida
981	Statutes, is amended to read:
982	493.6304  Security officer school or training facility.--
983	(2)  The application shall be signed and verified by the
984	applicant under oath as provided in s. 92.525 notarized and
985	shall contain, at a minimum, the following information:
986	(a)  The name and address of the school or training
987	facility and, if the applicant is an individual, her or his
988	name, address, and social security or alien registration number.
989	(b)  The street address of the place at which the training
990	is to be conducted.
991	(c)  A copy of the training curriculum and final
992	examination to be administered.
993	Section 23.  Subsections (7) and (8) of section 493.6401,
994	Florida Statutes, are amended to read:
995	493.6401  Classes of licenses.--
996	(7)  Any person who operates a recovery agent repossessor
997	school or training facility or who conducts an Internet-based
998	training course or a correspondence training course must have a
999	Class "RS" license.
1000	(8)  Any individual who teaches or instructs at a Class
1001	"RS" recovery agent repossessor school or training facility
1002	shall have a Class "RI" license.
1003	Section 24.  Paragraphs (f) and (g) of subsection (1) and
1004	subsection (3) of section 493.6402, Florida Statutes, are
1005	amended to read:
1006	493.6402  Fees.--
1007	(1)  The department shall establish by rule biennial
1008	license fees which shall not exceed the following:
1009	(f)  Class "RS" license--recovery agent repossessor school
1010	or training facility: $60.
1011	(g)  Class "RI" license--recovery agent repossessor school
1012	or training facility instructor: $60.
1013	(3)  The fees set forth in this section must be paid by
1014	certified check or money order, or, at the discretion of the
1015	department, by agency check at the time the application is
1016	approved, except that the applicant for a Class "E," Class "EE,"
1017	or Class "MR" license must pay the license fee at the time the
1018	application is made. If a license is revoked or denied, or if an
1019	application is withdrawn, the license fee shall not be refunded.
1020	Section 25.  Subsections (1) and (2) of section 493.6406,
1021	Florida Statutes, are amended to read:
1022	493.6406  Recovery agent Repossession services school or
1023	training facility.--
1024	(1)  Any school, training facility, or instructor who
1025	offers the training outlined in s. 493.6403(2) for Class "E" or
1026	Class "EE" applicants shall, before licensure of such school,
1027	training facility, or instructor, file with the department an
1028	application accompanied by an application fee in an amount to be
1029	determined by rule, not to exceed $60. The fee shall not be
1030	refundable. This training may be offered as face-to-face
1031	training, Internet-based training, or correspondence training.
1032	(2)  The application shall be signed and verified by the
1033	applicant under oath as provided in s. 92.525 notarized and
1034	shall contain, at a minimum, the following information:
1035	(a)  The name and address of the school or training
1036	facility and, if the applicant is an individual, his or her
1037	name, address, and social security or alien registration number.
1038	(b)  The street address of the place at which the training
1039	is to be conducted or the street address of the Class "RS"
1040	school offering Internet-based or correspondence training.
1041	(c)  A copy of the training curriculum and final
1042	examination to be administered.
1043	Section 26.  Paragraph (a) of subsection (2) of section
1044	501.605, Florida Statutes, is amended to read:
1045	501.605  Licensure of commercial telephone sellers.--
1046	(2)  An applicant for a license as a commercial telephone
1047	seller must submit to the department, in such form as it
1048	prescribes, a written application for the license. The
1049	application must set forth the following information:
1050	(a)  The true name, date of birth, driver's license number,
1051	social security number, and home address of the applicant,
1052	including each name under which he or she intends to do
1053	business.
1054
1055	The application shall be accompanied by a copy of any: Script,
1056	outline, or presentation the applicant will require or suggest a
1057	salesperson to use when soliciting, or, if no such document is
1058	used, a statement to that effect; sales information or
1059	literature to be provided by the applicant to a salesperson; and
1060	sales information or literature to be provided by the applicant
1061	to a purchaser in connection with any solicitation.
1062	Section 27.  Paragraph (a) of subsection (1) of section
1063	501.607, Florida Statutes, is amended to read:
1064	501.607  Licensure of salespersons.--
1065	(1)  An applicant for a license as a salesperson must
1066	submit to the department, in such form as it prescribes, a
1067	written application for a license. The application must set
1068	forth the following information:
1069	(a)  The true name, date of birth, driver's license number,
1070	social security number, and home address of the applicant.
1071	Section 28.  Subsection (2) of section 501.913, Florida
1072	Statutes, is amended to read:
1073	501.913  Registration.--
1074	(2)  The completed application shall be accompanied by:
1075	(a)  Specimens or facsimiles of the label for each brand of
1076	antifreeze;
1077	(b)  An application fee of $200 for each brand; and
1078	(c)  A properly labeled sample of at least 1 gallon, but
1079	not more than 2 gallons, of each brand of antifreeze.
1080	Section 29.  Subsection (2) of section 525.01, Florida
1081	Statutes, is amended to read:
1082	525.01  Gasoline and oil to be inspected.--
1083	(2)  All petroleum fuels are shall be subject to inspection
1084	and analysis by the department. Before selling or offering for
1085	sale in this state any petroleum fuel, all manufacturers,
1086	terminal suppliers, wholesalers, and importers as defined in s.
1087	206.01 jobbers shall file with the department:
1088	(a)  An affidavit that they desire to do business in this
1089	state, and the name and address of the manufacturer of the
1090	petroleum fuel.
1091	(b)  An affidavit stating that the petroleum fuel is in
1092	conformity with the standards prescribed by department rule.
1093	Section 30.  Subsections (1) and (3) of section 525.09,
1094	Florida Statutes, are amended to read:
1095	525.09  Inspection fee.--
1096	(1)  For the purpose of defraying the expenses incident to
1097	inspecting, testing, and analyzing petroleum fuels in this
1098	state, there shall be paid to the department a charge of one-
1099	eighth cent per gallon on all gasoline, alternative fuel
1100	containing alcohol as defined in s. 525.01(1)(c)1. or 2.,
1101	kerosene (except when used as aviation turbine fuel), and #1
1102	fuel oil for sale or use in this state. This inspection fee
1103	shall be imposed in the same manner as the motor fuel tax
1104	pursuant to s. 206.41. Payment shall be made on or before the
1105	25th day of each month.
1106	(3)  All remittances to the department for the inspection
1107	tax herein provided shall be accompanied by a detailed report
1108	under oath showing the number of gallons of gasoline,
1109	alternative fuel containing alcohol as defined in s.
1110	525.01(1)(c)1. and 2., kerosene, or fuel oil sold and delivered
1111	in each county.
1112	Section 31.  Section 526.50, Florida Statutes, is amended
1113	to read:
1114	526.50  Definition of terms.--As used in this part:
1115	(1)  "Brake fluid" means the fluid intended for use as the
1116	liquid medium through which force is transmitted in the
1117	hydraulic brake system of a vehicle operated upon the highways.
1118	(2)  "Brand" means the product name appearing on the label
1119	of a container of brake fluid.
1120	(3)(5)  "Container" means any receptacle in which brake
1121	fluid is immediately contained when sold, but does not mean a
1122	carton or wrapping in which a number of such receptacles are
1123	shipped or stored or a tank car or truck.
1124	(4)(2)  "Department" means the Department of Agriculture
1125	and Consumer Services.
1126	(5)  "Formula" means the name of the chemical mixture or
1127	composition of the brake fluid product.
1128	(6)(4)  "Labeling" includes all written, printed or graphic
1129	representations, in any form whatsoever, imprinted upon or
1130	affixed to any container of brake fluid.
1131	(7)(6)  "Permit year" means a period of 12 months
1132	commencing July 1 and ending on the next succeeding June 30.
1133	(8)(7)  "Registrant" means any manufacturer, packer,
1134	distributor, seller, or other person who has registered a brake
1135	fluid with the department.
1136	(9)(3)  "Sell" includes give, distribute, barter, exchange,
1137	trade, keep for sale, offer for sale or expose for sale, in any
1138	of their variant forms.
1139	Section 32.  Section 526.51, Florida Statutes, is amended
1140	to read:
1141	526.51  Registration; renewal and fees; departmental
1142	expenses; cancellation or refusal to issue or renew.--
1143	(1)(a)  Application for registration of each brand of brake
1144	fluid shall be made on forms to be supplied by the department.
1145	The applicant shall give his or her name and address and the
1146	brand name of the brake fluid, state that he or she owns the
1147	brand name and has complete control over the product sold
1148	thereunder in Florida, and provide the name and address of the
1149	resident agent in Florida. If the applicant does not own the
1150	brand name but wishes to register the product with the
1151	department, a notarized affidavit that gives the applicant full
1152	authorization to register the brand name and that is signed by
1153	the owner of the brand name must accompany the application for
1154	registration. The affidavit must include all affected brand
1155	names, the owner's company or corporate name and address, the
1156	applicant's company or corporate name and address, and a
1157	statement from the owner authorizing the applicant to register
1158	the product with the department. The owner of the brand name
1159	shall maintain complete control over each product sold under
1160	that brand name in this state. All first-time brand-formula
1161	combination new product applications must be accompanied by a
1162	certified report from an independent testing laboratory, setting
1163	forth the analysis of the brake fluid which shall show its
1164	quality to be not less than the specifications established by
1165	the department for brake fluids. A sample of not less than 24
1166	fluid ounces of brake fluid shall be submitted, in a container
1167	or containers, with labels representing exactly how the
1168	containers of brake fluid will be labeled when sold, and the
1169	sample and container shall be analyzed and inspected by the
1170	Division of Standards in order that compliance with the
1171	department's specifications and labeling requirements may be
1172	verified. Upon approval of the application, the department shall
1173	register the brand name of the brake fluid and issue to the
1174	applicant a permit authorizing the registrant to sell the brake
1175	fluid in this state during the permit year specified in the
1176	permit.
1177	(b)  Each applicant shall pay a fee of $100 with each
1178	application. An applicant seeking reregistration of a previously
1179	registered brand-formula combination must submit a completed
1180	application and all materials required under this subsection to
1181	the department before the first day of the permit year. A brand-
1182	formula combination for which a completed application and all
1183	materials required under this subsection are not received before
1184	the first day of the permit year ceases to be registered with
1185	the department until a completed application and all materials
1186	required under this subsection are received and approved. Any
1187	fee, application, or materials received after the first day of
1188	the permit year, if the brand-formula combination was previously
1189	registered with the department, A permit may be renewed by
1190	application to the department, accompanied by a renewal fee of
1191	$50 on or before the last day of the permit year immediately
1192	preceding the permit year for which application is made for
1193	renewal of registration. To any fee not paid when due, there
1194	shall accrue a penalty of $25, which shall be added to the
1195	renewal fee. Renewals will be accepted only on brake fluids that
1196	have no change in formula, composition, or brand name. Any
1197	change in formula, composition, or brand name of any brake fluid
1198	constitutes a new product that must be registered in accordance
1199	with this part.
1200	(2)  All fees collected under the provisions of this
1201	section shall be credited to the General Inspection Trust Fund
1202	of the department and all expenses incurred in the enforcement
1203	of this part shall be paid from said fund.
1204	(3)  The department may cancel or, refuse to issue or
1205	refuse to renew any registration and permit after due notice and
1206	opportunity to be heard if it finds that the brake fluid is
1207	adulterated or misbranded or that the registrant has failed to
1208	comply with the provisions of this part or the rules and
1209	regulations promulgated thereunder.
1210	Section 33.  Paragraph (a) of subsection (3) of section
1211	526.52, Florida Statutes, is amended to read:
1212	526.52  Specifications; adulteration and misbranding.--
1213	(3)  Brake fluid is deemed to be misbranded:
1214	(a)  If its container does not bear on its side or top a
1215	label on which is printed the name and place of business of the
1216	registrant of the product, the words "brake fluid," and a
1217	statement that the product therein equals or exceeds the minimum
1218	specification of the Society of Automotive Engineers for heavy-
1219	duty-type brake fluid or equals or exceeds Federal Motor Vehicle
1220	Safety Standard No. 116 adopted by the United States Department
1221	of Transportation, heavy-duty-type. By regulation the department
1222	may require that the duty-type classification appear on the
1223	label.
1224	Section 34.  Subsection (2) of section 526.53, Florida
1225	Statutes, is amended to read:
1226	526.53  Enforcement; inspection and analysis, stop-sale and
1227	disposition, regulations.--
1228	(2)(a)  When any brake fluid is sold in violation of any of
1229	the provisions of this part, all such affected brake fluid of
1230	the same brand name on the same premises on which the violation
1231	occurred shall be placed under a stop-sale order by the
1232	department by serving the owner of the brand name, distributor,
1233	or other entity responsible for selling or distributing the
1234	product in the state with the stop-sale order. The department
1235	shall withdraw its stop-sale order upon the removal of the
1236	violation or upon voluntary destruction of the product, or other
1237	disposal approved by the department, under the supervision of
1238	the department.
1239	(b)  In addition to being subject to the stop-sale
1240	procedures above, unregistered brake fluid shall be held by the
1241	department or its representative, at a place to be designated in
1242	the stop-sale order, until properly registered and released in
1243	writing by the department or its representative. If application
1244	is has not been made for registration of the such product within
1245	30 days after issue of the stop-sale order, such product shall
1246	be disposed of by the department, or, with the department's
1247	consent, by the business, to any tax-supported institution or
1248	agency of the state if the brake fluid meets legal
1249	specifications or by other disposal authorized by rule of the
1250	department if it fails to meet legal specifications.
1251	Section 35.  Subsections (2) and (5) of section 527.02,
1252	Florida Statutes, are amended to read:
1253	527.02  License; penalty; fees.--
1254	(2)  Each business location of a person having multiple
1255	locations shall be separately licensed and must meet the
1256	requirements of this section. Such license shall be granted to
1257	any applicant determined by the department to be competent,
1258	qualified, and trustworthy who files with the department a
1259	surety bond, insurance affidavit, or other proof of insurance,
1260	as hereinafter specified, and pays for such license the
1261	following original application fee for new licenses and annual
1262	renewal fees for existing licenses:
1263
	License Category OriginalApplication Fee RenewalFee
1264
	Category I liquefied petroleumgas dealer . . . . . . . . . . . . $600 $525 $500 $425
1265
	Category II liquefied petroleumgas dispenser . . . . . . . . . . . . 525 425 375
1266
	Category III liquefied petroleumgas cylinder exchange unitoperator . . . . . . . . . . . . 125 100 75 65
1267
	Category IV liquefied petroleum gas dispenser and recreational vehicle servicer . . . . . . . . . . . . 525 425 400
1268
	Category V liquefied petroleumpetroleum gases dealer for industrial uses only . . . . . . . . . . . . 350 300 275 200
1269
	LP gasinstaller . . . . . . . . . . . . 400 300 300 200
1270
	Specialtyinstaller . . . . . . . . . . . . 300 250 200
1271
	Dealer in appliances and equipmentfor use of liquefied petroleumgas . . . . . . . . . . . . 50 45
1272
	Manufacturer of liquefiedpetroleum gas appliances andequipment . . . . . . . . . . . . 525 425 375
1273
	Requalifier ofcylinders . . . . . . . . . . . . 525 425 375
1274
	Fabricator, repairer, andtester of vehicles and cargotanks . . . . . . . . . . . . 525 425 375
1275
1276	(5)  The license fee for a pipeline system operator shall
1277	be $350 $100 per system owned or operated by the person, not to
1278	exceed $400 per license year. Such license fee applies only to a
1279	pipeline system operator who owns or operates a liquefied
1280	petroleum gas pipeline system that is used to transmit liquefied
1281	petroleum gas from a common source to the ultimate customer and
1282	that serves 10 or more customers. The license shall be renewed
1283	each year at a fee of $275 per year.
1284	Section 36.  Subsections (1) and (3) and paragraphs (a) and
1285	(c) of subsection (5) of section 527.0201, Florida Statutes, are
1286	amended to read:
1287	527.0201  Qualifiers; master qualifiers; examinations.--
1288	(1)  In addition to the requirements of s. 527.02, any
1289	person applying for a license to engage in the activities of a
1290	pipeline system operator, category I liquefied petroleum gas
1291	dealer, category II liquefied petroleum gas dispenser, category
1292	IV liquefied petroleum gas dispenser and recreational vehicle
1293	servicer, category V liquefied petroleum gases dealer for
1294	industrial uses only, LP gas installer, specialty installer,
1295	requalifier requalification of cylinders, or fabricator,
1296	repairer, and tester of vehicles and cargo tanks must prove
1297	competency by passing a written examination administered by the
1298	department or its agent with a grade of at least 75 percent in
1299	each area tested or above. Each applicant for examination shall
1300	submit a $30 $20 nonrefundable fee. The department shall by rule
1301	specify the general areas of competency to be covered by each
1302	examination and the relative weight to be assigned in grading
1303	each area tested.
1304	(3)  Qualifier cards issued to category I liquefied
1305	petroleum gas dealers and liquefied petroleum gas installers
1306	shall expire 3 years after the date of issuance. All category I
1307	liquefied petroleum gas dealer qualifiers and liquefied
1308	petroleum gas installer qualifiers holding a valid qualifier
1309	card upon the effective date of this act shall retain their
1310	qualifier status until July 1, 2003, and may sit for the master
1311	qualifier examination at any time during that time period. All
1312	such category I liquefied petroleum gas dealer qualifiers and
1313	liquefied petroleum gas installer qualifiers may renew their
1314	qualification on or before July 1, 2003, upon application to the
1315	department, payment of a $20 renewal fee, and documentation of
1316	the completion of a minimum of 16 12 hours of approved
1317	continuing education courses, as defined by department rule,
1318	during the previous 3-year period. Applications for renewal must
1319	be made 30 calendar days prior to expiration. Persons failing to
1320	renew prior to the expiration date must reapply and take a
1321	qualifier competency examination in order to reestablish
1322	category I liquefied petroleum gas dealer qualifier and
1323	liquefied petroleum gas installer qualifier status. If a
1324	category I liquefied petroleum gas qualifier or liquefied
1325	petroleum gas installer qualifier becomes a master qualifier at
1326	any time during the effective date of the qualifier card, the
1327	card shall remain in effect until expiration of the master
1328	qualifier certification.
1329	(5)  In addition to all other licensing requirements, each
1330	category I liquefied petroleum gas dealer and liquefied
1331	petroleum gas installer must, at the time of application for
1332	licensure, identify to the department one master qualifier who
1333	is a full-time employee at the licensed location. This person
1334	shall be a manager, owner, or otherwise primarily responsible
1335	for overseeing the operations of the licensed location and must
1336	provide documentation to the department as provided by rule. The
1337	master qualifier requirement shall be in addition to the
1338	requirements of subsection (1).
1339	(a)  In order to apply for certification as a master
1340	qualifier, each applicant must be a category I liquefied
1341	petroleum gas dealer qualifier or liquefied petroleum gas
1342	installer qualifier, must be employed by a licensed category I
1343	liquefied petroleum gas dealer, liquefied petroleum gas
1344	installer, or applicant for such license, must provide
1345	documentation of a minimum of 1 year's work experience in the
1346	gas industry, and must pass a master qualifier competency
1347	examination. Master qualifier examinations shall be based on
1348	Florida's laws, rules, and adopted codes governing liquefied
1349	petroleum gas safety, general industry safety standards, and
1350	administrative procedures. The examination must be successfully
1351	passed completed by the applicant with a grade of at least 75
1352	percent or more. Each applicant for master qualifier status
1353	shall submit to the department a nonrefundable $50 $30
1354	examination fee prior to the examination.
1355	(c)  Master qualifier status shall expire 3 years after the
1356	date of issuance of the certificate and may be renewed by
1357	submission to the department of documentation of completion of
1358	at least 16 12 hours of approved continuing education courses
1359	during the 3-year period; proof of employment with a licensed
1360	category I liquefied petroleum gas dealer, liquefied petroleum
1361	gas installer, or applicant; and a $30 certificate renewal fee.
1362	The department shall define, by rule, approved courses of
1363	continuing education.
1364	Section 37.  Subsection (4) of section 527.021, Florida
1365	Statutes, is amended to read:
1366	527.021  Registration of transport vehicles.--
1367	(4)  An inspection fee of $75 $50 shall be assessed for
1368	each registered vehicle inspected by the department pursuant to
1369	s. 527.061. Registered vehicles shall be inspected annually. All
1370	inspection fees collected in connection with this section shall
1371	be deposited in the General Inspection Trust Fund for the
1372	purpose of administering the provisions of this chapter.
1373	Section 38.  Section 527.12, Florida Statutes, is amended
1374	to read:
1375	527.12  Cease and desist orders; stop-use orders; stop-
1376	operation orders; stop-sale orders; administrative fines.--
1377	(1)  Whenever the department has shall have reason to
1378	believe that any person is violating or has violated been
1379	violating provisions of this chapter or any rules adopted under
1380	this chapter pursuant thereto, the department it may issue a
1381	cease and desist order, or impose a civil penalty, or do both
1382	may issue such cease and desist order and impose a civil
1383	penalty.
1384	(2)  Whenever a person or liquefied petroleum gas system or
1385	storage facility, or any part or component thereof, fails to
1386	comply with this chapter or any rules adopted under this
1387	chapter, the department may issue a stop-use order, stop-
1388	operation order, or stop-sale order.
1389	Section 39.  Subsection (1) of section 559.805, Florida
1390	Statutes, is amended to read:
1391	559.805  Filings with the department; disclosure of
1392	advertisement identification number.--
1393	(1)  Every seller of a business opportunity shall annually
1394	file with the department a copy of the disclosure statement
1395	required by s. 559.803 before prior to placing an advertisement
1396	or making any other representation designed to offer to, sell
1397	to, or solicit an offer to buy a business opportunity from a
1398	prospective purchaser in this state and shall update this filing
1399	by reporting any material change in the required information
1400	within 30 days after the material change occurs. An
1401	advertisement is not placed in the state merely because the
1402	publisher circulates, or there is circulated on his or her
1403	behalf in the state, any bona fide newspaper or other
1404	publication of general, regular, and paid circulation which has
1405	had more than two-thirds of its circulation during the past 12
1406	months outside the state or because a radio or television
1407	program originating outside the state is received in the state.
1408	If the seller is required by s. 559.807 to provide a bond or
1409	establish a trust account or guaranteed letter of credit, he or
1410	she shall contemporaneously file with the department a copy of
1411	the bond, a copy of the formal notification by the depository
1412	that the trust account is established, or a copy of the
1413	guaranteed letter of credit. Every seller of a business
1414	opportunity shall file with the department a list of independent
1415	agents who will engage in the offer or sale of business
1416	opportunities on behalf of the seller in this state. This list
1417	must be kept current and shall include the following
1418	information: name, home and business address, telephone number,
1419	present employer, social security number, and birth date. A No
1420	person may not shall be allowed to offer or sell business
1421	opportunities unless the required information is has been
1422	provided to the department.
1423	Section 40.  Subsection (3) of section 559.928, Florida
1424	Statutes, is amended to read:
1425	559.928  Registration.--
1426	(3)  Each independent agent shall annually file an
1427	affidavit with the department before prior to engaging in
1428	business in this state. This affidavit must include the
1429	independent agent's full name, legal business or trade name,
1430	mailing address, business address, telephone number, social
1431	security number, and the name or names and addresses of each
1432	seller of travel represented by the independent agent. A letter
1433	evidencing proof of filing must be issued by the department and
1434	must be prominently displayed in the independent agent's primary
1435	place of business. Each independent agent must also submit an
1436	annual registration fee of $50. All moneys collected pursuant to
1437	the imposition of the fee shall be deposited by the Chief
1438	Financial Officer into the General Inspection Trust Fund of the
1439	Department of Agriculture and Consumer Services for the sole
1440	purpose of administrating this part. As used in this subsection,
1441	the term "independent agent" means a person who represents a
1442	seller of travel by soliciting persons on its behalf; who has a
1443	written contract with a seller of travel which is operating in
1444	compliance with this part and any rules adopted thereunder; who
1445	does not receive a fee, commission, or other valuable
1446	consideration directly from the purchaser for the seller of
1447	travel; who does not at any time have any unissued ticket stock
1448	or travel documents in his or her possession; and who does not
1449	have the ability to issue tickets, vacation certificates, or any
1450	other travel document. The term "independent agent" does not
1451	include an affiliate of the seller of travel, as that term is
1452	used in s. 559.935(3), or the employees of the seller of travel
1453	or of such affiliates.
1454	Section 41.  Subsection (7) of section 570.0725, Florida
1455	Statutes, is amended to read:
1456	570.0725  Food recovery; legislative intent; department
1457	functions.--
1458	(7)  For public information purposes, the department may
1459	shall develop and provide a public information brochure
1460	detailing the need for food banks and similar of food recovery
1461	programs, the benefit of such food recovery programs, the manner
1462	in which such organizations may become involved in such food
1463	recovery programs, and the protection afforded to such programs
1464	under s. 768.136, and the food recovery entities or food banks
1465	that exist in the state. This brochure must be updated annually.
1466	A food bank or similar food recovery organization seeking to be
1467	included on a list of such organizations must notify the
1468	department and provide the information required by rule of the
1469	department. Such organizations are responsible for updating the
1470	information and providing the updated information to the
1471	department. The department may adopt rules to implement this
1472	section.
1473	Section 42.  Paragraph (e) of subsection (6) of section
1474	570.53, Florida Statutes, is amended to read:
1475	570.53  Division of Marketing and Development; powers and
1476	duties.--The powers and duties of the Division of Marketing and
1477	Development include, but are not limited to:
1478	(6)
1479	(e)  Extending in every practicable way the distribution
1480	and sale of Florida agricultural products throughout the markets
1481	of the world as required of the department by s. ss. 570.07(7),
1482	(8), (10), and (11) and 570.071 and chapters 571, 573, and 574.
1483	Section 43.  Subsection (2) of section 570.54, Florida
1484	Statutes, is amended to read:
1485	570.54  Director; duties.--
1486	(2)  It shall be the duty of the director of this division
1487	to supervise, direct, and coordinate the activities authorized
1488	by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and
1489	(20), 570.071, 570.21, 534.47-534.53, and 604.15-604.34 and
1490	chapters 504, 571, 573, and 574 and to exercise other powers and
1491	authority as authorized by the department.
1492	Section 44.  Subsection (4) of section 570.55, Florida
1493	Statutes, is amended to read:
1494	570.55  Identification of sellers or handlers of tropical
1495	or subtropical fruit and vegetables; containers specified;
1496	penalties.--
1497	(4)  IDENTIFICATION OF HANDLER.--At the time of each
1498	transaction involving the handling or sale of 55 pounds or more
1499	of tropical or subtropical fruit or vegetables in the primary
1500	channel of trade, the buyer or receiver of the tropical or
1501	subtropical fruit or vegetables shall demand a bill of sale,
1502	invoice, sales memorandum, or other document listing the date of
1503	the transaction, the quantity of the tropical or subtropical
1504	fruit or vegetables involved in the transaction, and the
1505	identification of the seller or handler as it appears on the
1506	driver's license of the seller or handler, including the
1507	driver's license number. If the seller or handler does not
1508	possess a driver's license, the buyer or receiver shall use any
1509	other acceptable means of identification, which may include, but
1510	is not limited to, i.e., voter's registration card and number,
1511	draft card, social security card, or other identification.
1512	However, no less than two identification documents shall be
1513	used. The identification of the seller or handler shall be
1514	recorded on the bill of sale, sales memorandum, invoice, or
1515	voucher, which shall be retained by the buyer or receiver for a
1516	period of not less than 1 year from the date of the transaction.
1517	Section 45.  Subsection (3) of section 570.902, Florida
1518	Statutes, is amended to read:
1519	570.902  Definitions; ss. 570.902 and 570.903.--For the
1520	purpose of ss. 570.902 and 570.903:
1521	(3)  "Museum" means the Florida Agricultural Museum which
1522	is designated as the museum for agriculture and rural history of
1523	the State of Florida.
1524	Section 46.  Section 570.903, Florida Statutes, is amended
1525	to read:
1526	570.903  Direct-support organization.--
1527	(1)  When the Legislature authorizes the establishment of a
1528	direct-support organization to provide assistance for the
1529	museums, the Florida Agriculture in the Classroom Program, the
1530	Florida State Collection of Arthropods, the Friends of the
1531	Florida State Forests Program of the Division of Forestry, and
1532	the Forestry Arson Alert Program, and other programs of the
1533	department, the following provisions shall govern the creation,
1534	use, powers, and duties of the direct-support organization.
1535	(a)  The department shall enter into a memorandum or letter
1536	of agreement with the direct-support organization, which shall
1537	specify the approval of the department, the powers and duties of
1538	the direct-support organization, and rules with which the
1539	direct-support organization shall comply.
1540	(b)  The department may permit, without charge, appropriate
1541	use of property, facilities, and personnel of the department by
1542	a direct-support organization, subject to the provisions of ss.
1543	570.902 and 570.903. The use shall be directly in keeping with
1544	the approved purposes of the direct-support organization and
1545	shall not be made at times or places that would unreasonably
1546	interfere with opportunities for the general public to use
1547	department facilities for established purposes.
1548	(c)  The department shall prescribe by contract or by rule
1549	conditions with which a direct-support organization shall comply
1550	in order to use property, facilities, or personnel of the
1551	department or museum. Such rules shall provide for budget and
1552	audit review and oversight by the department.
1553	(d)  The department shall not permit the use of property,
1554	facilities, or personnel of the museum, department, or
1555	designated program by a direct-support organization which does
1556	not provide equal employment opportunities to all persons
1557	regardless of race, color, religion, sex, age, or national
1558	origin.
1559	(2)(a)  The direct-support organization shall be empowered
1560	to conduct programs and activities; raise funds; request and
1561	receive grants, gifts, and bequests of money; acquire, receive,
1562	hold, invest, and administer, in its own name, securities,
1563	funds, objects of value, or other property, real or personal;
1564	and make expenditures to or for the direct or indirect benefit
1565	of the museum or designated program.
1566	(b)  Notwithstanding the provisions of s. 287.057, the
1567	direct-support organization may enter into contracts or
1568	agreements with or without competitive bidding for the
1569	restoration of objects, historical buildings, and other
1570	historical materials or for the purchase of objects, historical
1571	buildings, and other historical materials which are to be added
1572	to the collections of the museum, or benefit of the designated
1573	program. However, before the direct-support organization may
1574	enter into a contract or agreement without competitive bidding,
1575	the direct-support organization shall file a certification of
1576	conditions and circumstances with the internal auditor of the
1577	department justifying each contract or agreement.
1578	(c)  Notwithstanding the provisions of s. 287.025(1)(e),
1579	the direct-support organization may enter into contracts to
1580	insure property of the museum or designated programs and may
1581	insure objects or collections on loan from others in satisfying
1582	security terms of the lender.
1583	(3)  The direct-support organization shall provide for an
1584	annual financial audit in accordance with s. 215.981.
1585	(4)  Neither a designated program or a museum, nor a
1586	nonprofit corporation trustee or employee may:
1587	(a)  Receive a commission, fee, or financial benefit in
1588	connection with the sale or exchange of property historical
1589	objects or properties to the direct-support organization, the
1590	museum, or the designated program; or
1591	(b)  Be a business associate of any individual, firm, or
1592	organization involved in the sale or exchange of property to the
1593	direct-support organization, the museum, or the designated
1594	program.
1595	(5)  All moneys received by the direct-support organization
1596	shall be deposited into an account of the direct-support
1597	organization and shall be used by the organization in a manner
1598	consistent with the goals of the museum or designated program.
1599	(6)  The identity of a donor or prospective donor who
1600	desires to remain anonymous and all information identifying such
1601	donor or prospective donor are confidential and exempt from the
1602	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1603	Constitution.
1604	(7)  The Commissioner of Agriculture, or the commissioner's
1605	designee, may serve on the board of trustees and the executive
1606	committee of any direct-support organization established to
1607	benefit the museum or any designated program.
1608	(8)  The department shall establish by rule archival
1609	procedures relating to museum artifacts and records. The rules
1610	shall provide procedures which protect the museum's artifacts
1611	and records equivalent to those procedures which have been
1612	established by the Department of State under chapters 257 and
1613	267.
1614	Section 47.  Subsection (4) of section 573.118, Florida
1615	Statutes, is amended to read:
1616	573.118  Assessment; funds; audit; loans.--
1617	(4)  In the event of levying and collecting of assessments,
1618	for each fiscal year in which assessment funds are received by
1619	the department, the department shall maintain records of
1620	collections and expenditures for each marketing order separately
1621	within the state's accounting system. If requested by an
1622	advisory council, department staff shall cause to be made a
1623	thorough annual audit of the books and accounts by a certified
1624	public accountant, such audit to be completed within 60 days
1625	after the request is received end of the fiscal year. The
1626	advisory council department and all producers and handlers
1627	covered by the marketing order shall be provided a copy of the
1628	properly advised of the details of the annual official audit of
1629	the accounts as shown by the certified public accountant within
1630	30 days after completion of the audit.
1631	Section 48.  Subsections (18) through (30) of section
1632	581.011, Florida Statutes, are renumbered as subsections (17)
1633	through (29), respectively, and present subsections (17) and
1634	(20) of that section are amended to read:
1635	581.011  Definitions.--As used in this chapter:
1636	(17)  "Museum" means the Florida State Collection of
1637	Arthropods.
1638	(19)(20)  "Nursery" means any grounds or premises on or in
1639	which nursery stock is grown, propagated, or held for sale or
1640	distribution, including except where aquatic plant species are
1641	tended for harvest in the natural environment.
1642	Section 49.  Paragraph (d) of subsection (14) of section
1643	581.031, Florida Statutes, is amended to read:
1644	581.031  Department; powers and duties.--The department has
1645	the following powers and duties:
1646	(14)
1647	(d)  To prescribe a fee for these services, if provided the
1648	fee does not exceed the cost of the services rendered. Annual
1649	citrus source tree registration fees shall not exceed $15 $5 per
1650	tree. If the fee has not been paid within 30 days of billing, a
1651	penalty of $10 or 20 percent of the unpaid balance, whichever is
1652	greater, shall be assessed.
1653	Section 50.  Subsection (6) of section 581.131, Florida
1654	Statutes, is amended to read:
1655	581.131  Certificate of registration.--
1656	(6)  Neither the certificate of registration fee nor the
1657	annual renewal fee shall exceed $600 $460. The department may
1658	exempt from the payment of a certificate fee those governmental
1659	agency nurseries whose nursery stock is used exclusively for
1660	planting on their own property.
1661	Section 51.  Paragraph (a) of subsection (3) of section
1662	581.211, Florida Statutes, is amended to read:
1663	581.211  Penalties for violations.--
1664	(3)(a)1.  In addition to any other provision of law, the
1665	department may, after notice and hearing, impose an
1666	administrative fine not exceeding $10,000 $5,000 for each
1667	violation of this chapter, upon any person, nurseryman, stock
1668	dealer, agent or plant broker. The fine, when paid, shall be
1669	deposited in the Plant Industry Trust Fund. In addition, the
1670	department may place the violator on probation for up to 1 year,
1671	with conditions.
1672	2.  The imposition of a fine or probation pursuant to this
1673	subsection may be in addition to or in lieu of the suspension or
1674	revocation of a certificate of registration or certificate of
1675	inspection.
1676	Section 52.  Section 583.13, Florida Statutes, is amended
1677	to read:
1678	583.13  Labeling and advertising requirements for dressed
1679	poultry; unlawful acts.--
1680	(1)  It is unlawful for any dealer or broker to sell, offer
1681	for sale, or hold for the purpose of sale in the state any
1682	dressed or ready-to-cook poultry in bulk unless the such poultry
1683	is packed in a container clearly bearing a label, not less than
1684	3 inches by 5 inches, on which shall be plainly and legibly
1685	printed, in letters of not less than one-fourth inch 1/4 in
1686	height, the grade and the part name or whole-bird statement of
1687	such poultry. The grade may be expressed in the term "premium,"
1688	"good," or "standard," or as the grade of another state or
1689	federal agency the standards of quality of which, by law, are
1690	equal to the standards of quality provided by this law and rules
1691	promulgated hereunder.
1692	(2)  It is unlawful to sell unpackaged dressed or ready-to-
1693	cook poultry at retail unless such poultry is labeled by a
1694	placard immediately adjacent to the poultry or unless each bird
1695	is individually labeled to show the grade and the part name or
1696	whole-bird statement. The placard shall be no smaller than 7
1697	inches by 7 inches in size, and the required labeling
1698	information shall be legibly and plainly printed on the placard
1699	in letters not smaller than 1 inch in height.
1700	(3)  It is unlawful to sell packaged dressed or ready-to-
1701	cook poultry at retail unless such poultry is labeled to show
1702	the grade, the part name or whole-bird statement, the net weight
1703	of the poultry, and the name and address of the dealer. The size
1704	of the type on the label must be one-eighth inch or larger. A
1705	placard immediately adjacent to such poultry may be used to
1706	indicate the grade and the part name or whole-bird statement,
1707	but not the net weight of the poultry or the name and address of
1708	the dealer.
1709	(4)  It is unlawful to use dressed or ready-to-cook poultry
1710	in bulk in the preparation of food served to the public, or to
1711	hold such poultry for the purpose of such use, unless the
1712	poultry when received was packed in a container clearly bearing
1713	a label, not less than 3 inches by 5 inches, on which was
1714	plainly and legibly printed, in letters not less than one-fourth
1715	inch in height, the grade and the part name or whole-bird
1716	statement of such poultry. The grade may be expressed in the
1717	term "premium," "good," or "standard," or as the grade of
1718	another state or federal agency the standards of quality of
1719	which, by law, are equal to the standards of quality provided by
1720	this law and rules promulgated hereunder.
1721	(5)  It is unlawful to offer dressed or ready-to-cook
1722	poultry for sale in any advertisement in a newspaper or
1723	circular, on radio or television, or in any other form of
1724	advertising without plainly designating in such advertisement
1725	the grade and the part name or whole-bird statement of such
1726	poultry.
1727	Section 53.  Subsections (4) and (5) of section 590.125,
1728	Florida Statutes, are renumbered as subsections (5) and (6),
1729	respectively, subsection (1), paragraph (b) of subsection (3),
1730	and paragraph (c) of present subsection (4) are amended, and new
1731	subsections (4) and (7) are added to that section, to read:
1732	590.125  Open burning authorized by the division.--
1733	(1)  DEFINITIONS.--As used in this section, the term:
1734	(a)  "Certified pile burner" means an individual who
1735	successfully completes the division's pile burning certification
1736	program and possesses a valid pile burner certification number.
1737	(b)  "Certified prescribed burn manager" means an
1738	individual who successfully completes the certified prescribed
1739	burning certification program of the division and possesses a
1740	valid certification number.
1741	(c)(d)  "Extinguished" means:
1742	1.  that no spreading flame For wild land burning or
1743	certified prescribed burning, that no spreading flames exist.
1744	2.  and no visible flame, smoke, or emissions For
1745	vegetative land-clearing debris burning or pile burning, that no
1746	visible flames exist.
1747	3.  For vegetative land-clearing debris burning or pile
1748	burning in an area designated as smoke sensitive by the
1749	division, that no visible flames, smoke, or emissions exist.
1750	(d)  "Land-clearing operation" means the uprooting or
1751	clearing of vegetation in connection with the construction of
1752	buildings and rights-of-way, land development, and mineral
1753	operations. The term does not include the clearing of yard
1754	trash.
1755	(e)  "Pile burning" means the burning of silvicultural,
1756	agricultural, or land-clearing and tree-cutting debris
1757	originating onsite, which is stacked together in a round or
1758	linear fashion, including, but not limited to, a windrow.
1759	(f)(a)  "Prescribed burning" means the controlled
1760	application of fire in accordance with a written prescription
1761	for vegetative fuels under specified environmental conditions
1762	while following appropriate precautionary measures that ensure
1763	that the fire is confined to a predetermined area to accomplish
1764	the planned fire or land-management objectives.
1765	(g)(c)  "Prescription" means a written plan establishing
1766	the criteria necessary for starting, controlling, and
1767	extinguishing a prescribed burn.
1768	(h)  "Yard trash" means vegetative matter resulting from
1769	landscaping and yard maintenance operations and other such
1770	routine property cleanup activities. The term includes materials
1771	such as leaves, shrub trimmings, grass clippings, brush, and
1772	palm fronds.
1773	(3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
1774	PURPOSE.--
1775	(b)  Certified prescribed burning pertains only to
1776	broadcast burning for purposes of silviculture, wildlife
1777	management, ecological maintenance and restoration, and range
1778	and pasture management. It must be conducted in accordance with
1779	this subsection and:
1780	1.  May be accomplished only when a certified prescribed
1781	burn manager is present on site with a copy of the prescription
1782	from ignition of the burn to its completion.
1783	2.  Requires that a written prescription be prepared before
1784	receiving authorization to burn from the division.
1785	3.  Requires that the specific consent of the landowner or
1786	his or her designee be obtained before requesting an
1787	authorization.
1788	4.  Requires that an authorization to burn be obtained from
1789	the division before igniting the burn.
1790	5.  Requires that there be adequate firebreaks at the burn
1791	site and sufficient personnel and firefighting equipment for the
1792	control of the fire.
1793	6.  Is considered to be in the public interest and does not
1794	constitute a public or private nuisance when conducted under
1795	applicable state air pollution statutes and rules.
1796	7.  Is considered to be a property right of the property
1797	owner if vegetative fuels are burned as required in this
1798	subsection.
1799	(4)  CERTIFIED PILE BURNING; LEGISLATIVE FINDINGS AND
1800	PURPOSE.--
1801	(a)  Pile burning is a tool that benefits current and
1802	future generations in Florida by disposing of naturally
1803	occurring vegetative debris through burning rather than
1804	disposing of the debris in landfills.
1805	(b)  Certified pile burning pertains to the disposal of
1806	piled, naturally occurring debris from an agricultural,
1807	silvicultural, or temporary land-clearing operation. A land-
1808	clearing operation is temporary if it operates for 6 months or
1809	less. Certified pile burning must be conducted in accordance
1810	with this subsection, and:
1811	1.  A certified pile burner must ensure, before ignition,
1812	that the piles are properly placed and that the content of the
1813	piles is conducive to efficient burning.
1814	2.  A certified pile burner must ensure that the piles are
1815	properly extinguished no later than 1 hour after sunset. If the
1816	burn is conducted in an area designated by the division as smoke
1817	sensitive, a certified pile burner must ensure that the piles
1818	are properly extinguished at least 1 hour before sunset.
1819	3.  A written pile burn plan must be prepared before
1820	receiving authorization from the division to burn.
1821	4.  The specific consent of the landowner or his or her
1822	agent must be obtained before requesting authorization to burn.
1823	5.  An authorization to burn must be obtained from the
1824	division or its designated agent before igniting the burn.
1825	6.  There must be adequate firebreaks and sufficient
1826	personnel and firefighting equipment at the burn site to control
1827	the fire.
1828	(c)  If a burn is conducted in accordance with this
1829	subsection, the property owner and his or her agent are not
1830	liable under s. 590.13 for damage or injury caused by the fire
1831	or resulting smoke, and are not in violation of subsection (2),
1832	unless gross negligence is proven.
1833	(d)  A certified pile burner who violates this section
1834	commits a misdemeanor of the second degree, punishable as
1835	provided in s. 775.082 or s. 775.083.
1836	(e)  The division shall adopt rules regulating certified
1837	pile burning. The rules shall include procedures and criteria
1838	for certifying and decertifying certified pile burn managers
1839	based on past experience, training, and record of compliance
1840	with this section.
1841	(5)(4)  WILDFIRE HAZARD REDUCTION TREATMENT BY THE
1842	DIVISION.--The division may conduct fuel reduction initiatives,
1843	including, but not limited to, burning and mechanical and
1844	chemical treatment, on any area of wild land within the state
1845	which is reasonably determined to be in danger of wildfire in
1846	accordance with the following procedures:
1847	(c)  Prepare, and send the county tax collector shall
1848	include with the annual tax statement, a notice to be sent to
1849	all landowners in each area township designated by the division
1850	as a wildfire hazard area. The notice must describe particularly
1851	the area to be treated and the tentative date or dates of the
1852	treatment and must list the reasons for and the expected
1853	benefits from the wildfire hazard reduction.
1854	(7)  DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING
1855	AUTHORIZATION PROGRAMS.--
1856	(a)  A county or municipality may exercise the division's
1857	authority, if delegated by the division under this subsection,
1858	to issue authorizations for the burning of yard trash or debris
1859	from land-clearing operations. A county's or municipality's
1860	existing or proposed open burning authorization program must:
1861	1.  Be approved by the division. The division shall not
1862	approve a program if it fails to meet the requirements of
1863	subsections (2) and (4) and any rules adopted under those
1864	subsections.
1865	2.  Provide by ordinance or local law the requirements for
1866	obtaining and performing a burn authorization that comply with
1867	subsections (2) and (4) and any rules adopted under those
1868	subsections.
1869	3.  Provide for the enforcement of the program's
1870	requirements.
1871	4.  Provide financial, personnel, and other resources
1872	needed to carry out the program.
1873	(b)  If the division determines that a county's or
1874	municipality's open burning authorization program does not
1875	comply with subsections (2) and (4) and any rules adopted under
1876	those subsections, the division shall require the county or
1877	municipality to take necessary corrective actions within a
1878	reasonable period, not to exceed 90 days.
1879	1.  If the county or municipality fails to take the
1880	necessary corrective actions within the required period, the
1881	division shall resume administration of the open burning
1882	authorization program in the county or municipality and the
1883	county or municipality shall cease administration of its
1884	program.
1885	2.  Each county and municipality administering an open
1886	burning authorization program must cooperate with and assist the
1887	division in carrying out the division's powers, duties, and
1888	functions.
1889	3.  A person who violates the requirements of a county's or
1890	municipality's open burning authorization program, as provided
1891	by ordinance or local law enacted pursuant to this section,
1892	commits a violation of this chapter, punishable as provided in
1893	s. 590.14.
1894	Section 54.  Subsection (4) of section 590.14, Florida
1895	Statutes, is renumbered as subsection (7), subsections (1) and
1896	(3) are amended, and new subsections (4), (5), and (6) are added
1897	to that section, to read:
1898	590.14  Notice of violation; penalties.--
1899	(1)  If a division employee determines that a person has
1900	violated chapter 589, or this chapter, or any rule adopted by
1901	the division to administer provisions of law conferring duties
1902	upon the division, the division employee he or she may issue a
1903	notice of violation indicating the statute violated. This notice
1904	will be filed with the division and a copy forwarded to the
1905	appropriate law enforcement entity for further action if
1906	necessary.
1907	(3)  The department may also impose an administrative fine,
1908	not to exceed $1,000 per violation of any section of chapter 589
1909	or this chapter or violation of any rule adopted by the division
1910	to administer provisions of law conferring duties upon the
1911	division. The fine shall be based upon the degree of damage, the
1912	prior violation record of the person, and whether the person
1913	knowingly provided false information to obtain an authorization.
1914	The fines shall be deposited in the Incidental Trust Fund of the
1915	division.
1916	(4)  A person may not:
1917	(a)  Fail to comply with any rule or order adopted by the
1918	division to administer provisions of law conferring duties upon
1919	the division; or
1920	(b)  Knowingly make any false statement or representation
1921	in any application, record, plan, or other document required by
1922	this chapter or any rules adopted under this chapter.
1923	(5)  A person who violates paragraph (4)(a) or paragraph
1924	(4)(b) commits a misdemeanor of the second degree, punishable as
1925	provided in s. 775.082 or s. 775.083.
1926	(6)  It is the intent of the Legislature that a penalty
1927	imposed by a court under subsection (5) be of a severity that
1928	ensures immediate and continued compliance with this section.
1929	Section 55.  Paragraph (a) of subsection (1) of section
1930	599.004, Florida Statutes, is amended to read:
1931	599.004  Florida Farm Winery Program; registration; logo;
1932	fees.--
1933	(1)  The Florida Farm Winery Program is established within
1934	the Department of Agriculture and Consumer Services. Under this
1935	program, a winery may qualify as a tourist attraction only if it
1936	is registered with and certified by the department as a Florida
1937	Farm Winery. A winery may not claim to be certified unless it
1938	has received written approval from the department.
1939	(a)  To qualify as a certified Florida Farm Winery, a
1940	winery shall meet the following standards:
1941	1.  Produce or sell less than 250,000 gallons of wine
1942	annually.
1943	2.  Maintain a minimum of 10 acres of owned or managed land
1944	vineyards in Florida which produces commodities used in the
1945	production of wine.
1946	3.  Be open to the public for tours, tastings, and sales at
1947	least 30 hours each week.
1948	4.  Make annual application to the department for
1949	recognition as a Florida Farm Winery, on forms provided by the
1950	department.
1951	5.  Pay an annual application and registration fee of $100.
1952	Section 56.  Subsection (11) is added to section 604.15,
1953	Florida Statutes, to read:
1954	604.15  Dealers in agricultural products; definitions.--For
1955	the purpose of ss. 604.15-604.34, the following words and terms,
1956	when used, shall be construed to mean:
1957	(11)  "Responsible position" means a position within the
1958	business of a dealer in agricultural products that has the
1959	authority to negotiate or make the purchase of agricultural
1960	products on behalf of the dealer's business or has principal
1961	active management authority over the business decisions,
1962	actions, and activities of the dealer's business in this state.
1963	Section 57.  Section 604.19, Florida Statutes, is amended
1964	to read:
1965	604.19  License; fee; bond; certificate of deposit;
1966	penalty.--Unless the department refuses the application on one
1967	or more of the grounds provided in this section, it shall issue
1968	to an applicant, upon the payment of required fees and the
1969	execution and delivery of a bond or certificate of deposit as
1970	provided in this section, a state license entitling the
1971	applicant to conduct business as a dealer in agricultural
1972	products for a 1-year period to coincide with the effective
1973	period of the bond or certificate of deposit furnished by the
1974	applicant. During the 1-year period covered by a license, if the
1975	supporting surety bond or certificate of deposit is canceled for
1976	any reason, the license shall automatically expire on the date
1977	the surety bond or certificate of deposit terminates, unless an
1978	acceptable replacement is in effect before the date of
1979	termination so that continual coverage occurs for the remaining
1980	period of the license. A surety company shall give the
1981	department a 30-day written notice of cancellation by certified
1982	mail in order to cancel a bond. Cancellation of a bond or
1983	certificate of deposit does shall not relieve a surety company
1984	or financial institution of liability for purchases or sales
1985	occurring while the bond or certificate of deposit was in
1986	effect. The license fee, which must be paid for the principal
1987	place of business for a dealer in agricultural products, shall
1988	be based upon the amount of the dealer's surety bond or
1989	certificate of deposit furnished by each dealer under the
1990	provisions of s. 604.20 and may not exceed $500. For each
1991	additional place in which the applicant desires to conduct
1992	business and which the applicant names in the application, the
1993	additional license fee must be paid but may not exceed $100
1994	annually. If a Should any dealer in agricultural products fails,
1995	refuses, or neglects fail, refuse, or neglect to apply and
1996	qualify for the renewal of a license on or before its the date
1997	of expiration date thereof, a penalty not to exceed $100 shall
1998	apply to and be added to the original license fee for the
1999	principal place of business and to the license fee for each
2000	additional place of business named in the application and shall
2001	be paid by the applicant before the renewal license may be
2002	issued. The department by rule shall prescribe fee amounts
2003	sufficient to fund ss. 604.15-604.34.
2004	Section 58.  Subsections (1) and (4) of section 604.20,
2005	Florida Statutes, are amended to read:
2006	604.20  Bond or certificate of deposit prerequisite;
2007	amount; form.--
2008	(1)  Before any license is issued, the applicant therefor
2009	shall make and deliver to the department a surety bond or
2010	certificate of deposit in the amount of at least $5,000 or in
2011	such greater amount as the department may determine. No bond or
2012	certificate of deposit may be in an amount less than $5,000. The
2013	penal sum of the bond or certificate of deposit to be furnished
2014	to the department by an applicant for license as a dealer in
2015	agricultural products shall be in an amount equal to twice the
2016	average of the monthly dollar amounts amount of agricultural
2017	products handled for a Florida producer or a producer's agent or
2018	representative, by purchase or otherwise, during the month of
2019	maximum transaction in such products during the preceding 12-
2020	month period. Only those months in which the applicant handled,
2021	by purchase or otherwise, amounts equal to or greater than
2022	$1,000 shall be used to calculate the penal sum of the required
2023	bond or certificate of deposit. An applicant for license who has
2024	not handled agricultural products for a Florida producer or a
2025	producer's agent or representative, by purchase or otherwise,
2026	during the preceding 12-month period shall furnish a bond or
2027	certificate of deposit in an amount equal to twice the estimated
2028	average of the monthly dollar amounts amount of such
2029	agricultural products to be handled, by purchase or otherwise,
2030	during the month of maximum transaction during the next
2031	immediate 12 months. Only those months in which the applicant
2032	anticipates handling, by purchase or otherwise, amounts equal to
2033	or greater than $1,000 shall be used to calculate the penal sum
2034	of the required bond or certificate of deposit. Such bond or
2035	certificate of deposit shall be provided or assigned in the
2036	exact name in which the dealer will conduct business subject to
2037	the provisions of ss. 604.15-604.34. Such bond must be executed
2038	by a surety company authorized to transact business in the
2039	state. For the purposes of ss. 604.19-604.21, the term
2040	"certificate of deposit" means a certificate of deposit at any
2041	recognized financial institution doing business in the United
2042	States. No certificate of deposit may be accepted in connection
2043	with an application for a dealer's license unless the issuing
2044	institution is properly insured by either the Federal Deposit
2045	Insurance Corporation or the Federal Savings and Loan Insurance
2046	Corporation. Such bond or any certificate of deposit assignment
2047	or agreement shall be upon a form prescribed or approved by the
2048	department and shall be conditioned to secure the faithful
2049	accounting for and payment, in the manner prescribed by s.
2050	604.21(9), to producers or their agents or representatives of
2051	the proceeds of all agricultural products handled or purchased
2052	by such dealer, and to secure payment to dealers who sell
2053	agricultural products to such dealer, and to pay any claims or
2054	costs ordered under s. 604.21 as the result of a complaint. Such
2055	bond or certificate of deposit assignment or agreement shall
2056	include terms binding the instrument to the Commissioner of
2057	Agriculture. A certificate of deposit shall be presented with an
2058	assignment of applicant's rights in the certificate in favor of
2059	the Commissioner of Agriculture on a form prescribed by the
2060	department and with a letter from the issuing institution
2061	acknowledging that the assignment has been properly recorded on
2062	the books of the issuing institution and will be honored by the
2063	issuing institution. Such assignment shall be irrevocable while
2064	the dealer's license is in effect and for an additional period
2065	of 6 months after the termination or expiration of the dealer's
2066	license, provided no complaint is pending against the licensee.
2067	If a complaint is pending, the assignment shall remain in effect
2068	until all actions on the complaint have been finalized. The
2069	certificate of deposit may be released by the assignee of the
2070	financial institution to the licensee or the licensee's
2071	successors, assignee, or heirs if no claims are pending against
2072	the licensee before the department at the conclusion of 6 months
2073	after the last effective date of the license. No certificate of
2074	deposit shall be accepted that contains any provision that would
2075	give the issuing institution any prior rights or claim on the
2076	proceeds or principal of such certificate of deposit. The
2077	department shall determine by rule the maximum amount of bond or
2078	certificate of deposit required of a dealer and whether an
2079	annual bond or certificate of deposit will be required.
2080	(4)  The department may issue a conditional license to an
2081	applicant who is unable to provide a single bond or certificate
2082	of deposit in the full amount required by the calculation in
2083	subsection (1). The conditional license shall remain in effect
2084	for a 1-year period to coincide with the effective period of the
2085	bond or certificate of deposit furnished by the applicant. The
2086	applicant must provide at least the minimum $5,000 bond or
2087	certificate of deposit as provided in subsection (1) together
2088	with documentation from each of three separate bonding companies
2089	denying the applicants request for a surety bond in the full
2090	amount required in subsection (1) and one of the following:
2091	(a)  A notarized affidavit limiting the handling of
2092	agricultural products, by purchase or otherwise, during their
2093	largest month to a minimum of one-half the amount of the bond or
2094	certificate of deposit provided by the applicant;
2095	(b)  A notarized affidavit stating that any subject
2096	agricultural products, handled by purchase or otherwise,
2097	exceeding one-half of the amount of the bond or certificate of
2098	deposit will be handled under the exemption provisions set forth
2099	in s. 604.16(2); or
2100	(c)  A second bond or certificate of deposit in such an
2101	amount that, when the penal sum of the second bond or
2102	certificate of deposit is added to the penal sum of the first
2103	bond or certificate of deposit, the combined penal sum will
2104	equal twice the dollar amount of agricultural products handled
2105	for a Florida producer or a producer's agent or representative,
2106	by purchase or otherwise, during the month of maximum
2107	transaction in such products during the preceding 12-month
2108	period.
2109
2110	The department or its agents may require from any licensee who
2111	is issued a conditional license verified statements of the
2112	volume of the licensee's business or may review the licensee's
2113	records at the licensee's place of business during normal
2114	business hours to determine the licensee's adherence to the
2115	conditions of the license. The failure of a licensee to furnish
2116	such statement or to make such records available shall be cause
2117	for suspension of the licensee's conditional license. If the
2118	department finds such failure to be willful, the conditional
2119	license may be revoked.
2120	Section 59.  Section 604.25, Florida Statutes, is amended
2121	to read:
2122	604.25  Denial of, refusal to renew grant, or suspension or
2123	revocation of, license.--
2124	(1)  The department may deny, refuse to renew, decline to
2125	grant a license or may suspend or revoke a license already
2126	granted if the applicant or licensee has:
2127	(1)(a)  Suffered a monetary judgment entered against the
2128	applicant or licensee upon which is execution has been returned
2129	unsatisfied;
2130	(2)(b)  Made false charges for handling or services
2131	rendered;
2132	(3)(c)  Failed to account promptly and properly or to make
2133	settlements with any producer;
2134	(4)(d)  Made any false statement or statements as to
2135	condition, quality, or quantity of goods received or held for
2136	sale when the true condition, quality, or quantity could have
2137	been ascertained by reasonable inspection;
2138	(5)(e)  Made any false or misleading statement or
2139	statements as to market conditions or service rendered;
2140	(6)(f)  Been guilty of a fraud in the attempt to procure,
2141	or the procurement of, a license;
2142	(7)(g)  Directly or indirectly sold agricultural products
2143	received on consignment or on a net return basis for her or his
2144	own account, without prior authority from the producer
2145	consigning the same, or without notifying such producer;
2146	(8)(h)  Failed to prevent a person from holding a position
2147	as the applicant's or licensee's owner, officer, director,
2148	general or managing partner, or employee Employed in a
2149	responsible position a person, or holding any other similarly
2150	situated position, if the person holds or has held a similar
2151	position with any entity that an officer of a corporation, who
2152	has failed to fully comply with an order of the department, has
2153	not satisfied a civil judgment held by the department, has
2154	pending any administrative or civil enforcement action by the
2155	department, or has pending any criminal charges pursuant to s.
2156	604.30 at any time within 1 year after issuance;
2157	(9)(i)  Violated any statute or rule relating to the
2158	purchase or sale of any agricultural product, whether or not
2159	such transaction is subject to the provisions of this chapter;
2160	or
2161	(10)(j)  Failed to submit to the department an application,
2162	appropriate license fees, and an acceptable surety bond or
2163	certificate of deposit; or.
2164	(11)(2)  Failed If a licensee fails or refused refuses to
2165	comply in full with an order of the department or failed to
2166	satisfy a civil judgment owed to the department, her or his
2167	license may be suspended or revoked, in which case she or he
2168	shall not be eligible for license for a period of 1 year or
2169	until she or he has fully complied with the order of the
2170	department.
2171	(3)  No person, or officer of a corporation, whose license
2172	has been suspended or revoked for failure to comply with an
2173	order of the department may hold a responsible position with a
2174	licensee for a period of 1 year or until the order of the
2175	department has been fully complied with.
2176	Section 60.  Subsections (18) and (19) of section 616.242,
2177	Florida Statutes, are renumbered as subsections (19) and (20),
2178	respectively, and a new subsection (18) is added to that section
2179	to read:
2180	616.242  Safety standards for amusement rides.--
2181	(18)  STOP-OPERATION ORDERS.--If an owner or amusement ride
2182	fails to comply with this chapter or any rule adopted under this
2183	chapter, the department may issue a stop-operation order.
2184	Section 61.  Subsection (4) of section 686.201, Florida
2185	Statutes, is amended to read:
2186	686.201  Sales representative contracts involving
2187	commissions; requirements; termination of agreement; civil
2188	remedies.--
2189	(4)  This section does not apply to persons licensed
2190	pursuant to chapter 475 who are performing services within the
2191	scope of their license or to contracts to which a seller of
2192	travel as defined in s. 559.927 is a party.
2193	Section 62.  Paragraph (c) of subsection (5) of section
2194	790.06, Florida Statutes, is amended to read:
2195	790.06  License to carry concealed weapon or firearm.--
2196	(5)  The applicant shall submit to the Department of
2197	Agriculture and Consumer Services:
2198	(c)  A full set of fingerprints of the applicant
2199	administered by a law enforcement agency or the Division of
2200	Licensing of the Department of Agriculture and Consumer
2201	Services.
2202	Section 63.  Sections 570.071 and 570.901, Florida
2203	Statutes, are repealed.
2204	Section 64.  Subsection (1) of section 205.064, Florida
2205	Statutes, is amended to read:
2206	205.064  Farm, aquacultural, grove, horticultural,
2207	floricultural, tropical piscicultural, and tropical fish farm
2208	products; certain exemptions.--
2209	(1)  A local business tax receipt is not required of any
2210	natural person for the privilege of engaging in the selling of
2211	farm, aquacultural, grove, horticultural, floricultural,
2212	tropical piscicultural, or tropical fish farm products, or
2213	products manufactured therefrom, except intoxicating liquors,
2214	wine, or beer, when such products were grown or produced by such
2215	natural person in the state.
2216	Section 65.  Subsection (20) of section 322.01, Florida
2217	Statutes, is amended to read:
2218	322.01  Definitions.--As used in this chapter:
2219	(20)  "Farm tractor" means a motor vehicle that is:
2220	(a)  Operated principally on a farm, grove, or orchard in
2221	agricultural or horticultural pursuits and that is operated on
2222	the roads of this state only incidentally to transportation
2223	between the owner's or operator's headquarters and the farm,
2224	grove, or orchard or between one farm, grove, or orchard and
2225	another; or
2226	(b)  Designed and used primarily as a farm implement for
2227	drawing plows, mowing machines, and other implements of
2228	husbandry.
2229	Section 66.  Paragraph (n) of subsection (1) of section
2230	500.03, Florida Statutes, is amended to read:
2231	500.03  Definitions; construction; applicability.--
2232	(1)  For the purpose of this chapter, the term:
2233	(n)  "Food establishment" means any factory, food outlet,
2234	or any other facility manufacturing, processing, packing,
2235	holding, or preparing food, or selling food at wholesale or
2236	retail. The term does not include any business or activity that
2237	is regulated under chapter 509 or chapter 601. The term includes
2238	tomato packinghouses and repackers but does not include any
2239	other establishments that pack fruits and vegetables in their
2240	raw or natural states, including those fruits or vegetables that
2241	are washed, colored, or otherwise treated in their unpeeled,
2242	natural form before they are marketed.
2243	Section 67.  Section 500.70, Florida Statutes, is created
2244	to read:
2245	500.70  Tomato food safety standards; inspections;
2246	penalties; tomato good agricultural practices; tomato best
2247	management practices.--
2248	(1)  As used in this section, the term:
2249	(a)  "Field packing" means the packing of tomatoes on a
2250	tomato farm or in a tomato greenhouse into containers for sale
2251	for human consumption without transporting the tomatoes to a
2252	packinghouse.
2253	(b)  "Packing" or "repacking" means the packing of tomatoes
2254	into containers for sale for human consumption. The term
2255	includes the sorting or separating of tomatoes into grades and
2256	sizes. The term also includes field packing.
2257	(c)  "Producing" means the planting, growing, or
2258	cultivating of tomatoes on a tomato farm or in a tomato
2259	greenhouse for sale for human consumption.
2260	(2)  The department may adopt rules establishing food
2261	safety standards to safeguard the public health and promote the
2262	public welfare by protecting the consuming public from injury
2263	caused by the adulteration or the microbiological, chemical, or
2264	radiological contamination of tomatoes. The rules must be based
2265	on federal requirements, available scientific research,
2266	generally accepted industry practices, and recommendations of
2267	food safety professionals. The rules shall apply to the
2268	producing, harvesting, packing, and repacking of tomatoes for
2269	sale for human consumption by a tomato farm, tomato greenhouse,
2270	or tomato packinghouse or repacker in this state. The rules may
2271	include, but are not limited to, standards for:
2272	(a)  Registration with the department of a person who
2273	produces, harvests, packs, or repacks tomatoes in this state who
2274	does not hold a food permit issued under s. 500.12.
2275	(b)  Proximity of domestic animals and livestock to the
2276	production areas for tomatoes.
2277	(c)  Food safety related use of water for irrigation during
2278	production and washing of tomatoes after harvest.
2279	(d)  Use of fertilizers.
2280	(e)  Cleaning and sanitation of containers, materials,
2281	equipment, vehicles, and facilities, including storage and
2282	ripening areas.
2283	(f)  Health, hygiene, and sanitation of employees who
2284	handle tomatoes.
2285	(g)  Training and continuing education of a person who
2286	produces, harvests, packs, or repacks tomatoes in this state,
2287	and the person's employees who handle tomatoes.
2288	(h)  Labeling and recordkeeping, including standards for
2289	identifying and tracing tomatoes for sale for human consumption.
2290	(3)(a)  The department may inspect tomato farms, tomato
2291	greenhouses, tomato packinghouses, repacking locations, or any
2292	vehicle being used to transport or hold tomatoes to ensure
2293	compliance with the applicable provisions of this chapter, and
2294	the rules adopted under this chapter.
2295	(b)  The department may impose an administrative fine not
2296	to exceed $5,000 per violation, or issue a written notice or
2297	warning under s. 500.179, against a person who violates any
2298	applicable provision of this section, or any rule adopted under
2299	this section.
2300	(4)(a)  The department may adopt rules establishing tomato
2301	good agricultural practices and tomato best management practices
2302	for the state's tomato industry based on applicable federal
2303	requirements, available scientific research, generally accepted
2304	industry practices, and recommendations of food safety
2305	professionals.
2306	(b)  A person who documents compliance with the
2307	department's rules, tomato good agricultural practices, and
2308	tomato best management practices is presumed to introduce
2309	tomatoes into the stream of commerce that are safe for human
2310	consumption, unless the department identifies noncompliance
2311	through inspections.
2312	(5)  Subsections (2) and (4) do not apply to tomatoes sold
2313	by the grower on the premises at which the tomatoes are grown or
2314	at a local farmers' market, if the quantity of tomatoes sold
2315	does not exceed two 25-pound boxes per customer.
2316	(6)  The department may adopt rules pursuant to ss.
2317	120.536(1) and 120.54 to administer this section.
2318	Section 68.  Subsection (10) of section 570.07, Florida
2319	Statutes, is amended to read:
2320	570.07  Department of Agriculture and Consumer Services;
2321	functions, powers, and duties.--The department shall have and
2322	exercise the following functions, powers, and duties:
2323	(10)  To act as adviser to producers and distributors, when
2324	requested, and to assist them in the economical and efficient
2325	distribution of their agricultural products, and to encourage
2326	cooperative effort among producers to gain economical and
2327	efficient production of agricultural products, and to adopt
2328	rules establishing comprehensive best management practices for
2329	agricultural production and food safety.
2330	Section 69.  Paragraph (e) of subsection (2) of section
2331	570.48, Florida Statutes, is amended to read:
2332	570.48  Division of Fruit and Vegetables; powers and
2333	duties; records.--The duties of the Division of Fruit and
2334	Vegetables include, but are not limited to:
2335	(2)
2336	(e)  Performing tomato food safety inspections under s.
2337	500.70 on tomato farms, in tomato greenhouses, and in tomato
2338	packinghouses and repackers.
2339	Section 70.  Subsection (1) of section 604.15, Florida
2340	Statutes, is amended to read:
2341	604.15  Dealers in agricultural products; definitions.--For
2342	the purpose of ss. 604.15-604.34, the following words and terms,
2343	when used, shall be construed to mean:
2344	(1)  "Agricultural products" means the natural products of
2345	the farm, nursery, grove, orchard, vineyard, garden, and apiary
2346	(raw or manufactured); sod; tropical foliage; horticulture; hay;
2347	livestock; milk and milk products; poultry and poultry products;
2348	the fruit of the saw palmetto (meaning the fruit of the Serenoa
2349	repens); limes (meaning the fruit Citrus aurantifolia, variety
2350	Persian, Tahiti, Bearss, or Florida Key limes); and any other
2351	nonexempt agricultural products produced in the state, except
2352	tobacco, sugarcane, tropical foliage, timber and timber
2353	byproducts, forest products as defined in s. 591.17, and citrus
2354	other than limes.
2355	Section 71.  Subsection (7) is added to section 624.4095,
2356	Florida Statutes, to read:
2357	624.4095  Premiums written; restrictions.--
2358	(7)  For purposes of this section and s. 624.407, with
2359	regard to capital and surplus required, gross written premiums
2360	for federal multi-peril crop insurance that is ceded to the
2361	Federal Crop Insurance Corporation and authorized reinsurers
2362	shall not be included when calculating the insurer's gross
2363	writing ratio. The liabilities for ceded reinsurance premiums
2364	payable for federal multi-peril crop insurance ceded to the
2365	Federal Crop Insurance Corporation and authorized reinsurers
2366	shall be netted against the asset for amounts recoverable from
2367	reinsurers. Each insurer that writes other insurance products
2368	together with federal multi-peril crop insurance shall disclose
2369	in the notes to the annual and quarterly financial statement, or
2370	file a supplement to the financial statement that discloses, a
2371	breakout of the gross written premiums for federal multi-peril
2372	crop insurance.
2373	Section 72.  Section 823.145, Florida Statutes, is amended
2374	to read:
2375	823.145  Disposal by open burning of certain materials
2376	mulch plastic used in agricultural operations.--Polyethylene
2377	agricultural mulch plastic; damaged, nonsalvageable, untreated
2378	wood pallets; and packing material that cannot be feasibly
2379	recycled, which are used in connection with agricultural
2380	operations related to the growing, harvesting, or maintenance of
2381	crops, may be disposed of by open burning provided that no
2382	public nuisance or any condition adversely affecting the
2383	environment or the public health is created thereby and that
2384	state or federal national ambient air quality standards are not
2385	violated.
2386	Section 73.  Subsection (4) of section 163.3162, Florida
2387	Statutes, is amended to read:
2388	163.3162  Agricultural Lands and Practices Act.--
2389	(4)  DUPLICATION OF REGULATION.--Except as otherwise
2390	provided in this section and s. 487.051(2), and notwithstanding
2391	any other law, including any provision of chapter 125 or this
2392	chapter, a county may not exercise any of its powers to adopt or
2393	enforce any ordinance, resolution, regulation, rule, or policy
2394	to prohibit, restrict, regulate, or otherwise limit an activity
2395	of a bona fide farm operation on land classified as agricultural
2396	land pursuant to s. 193.461, if such activity is regulated
2397	through implemented best management practices, interim measures,
2398	or regulations adopted as rules under chapter 120 developed by
2399	the Department of Environmental Protection, the Department of
2400	Agriculture and Consumer Services, or a water management
2401	district and adopted under chapter 120 as part of a statewide or
2402	regional program; or if such activity is expressly regulated by
2403	the United States Department of Agriculture, the United States
2404	Army Corps of Engineers, or the United States Environmental
2405	Protection Agency. A county may not charge an assessment or fee
2406	for stormwater management on a bona fide farm operation on land
2407	classified as agricultural land pursuant to s. 193.461, if the
2408	farm operation has a National Pollutant Discharge Elimination
2409	System permit, environmental resource permit, or works-of-the-
2410	district permit or implements best management practices adopted
2411	as rules under chapter 120 by the Department of Environmental
2412	Protection, the Department of Agriculture and Consumer Services,
2413	or a water management district as part of a statewide or
2414	regional program. However, this subsection does not prohibit a
2415	county from charging an assessment or fee for stormwater
2416	management on a bona fide farm operation that does not have a
2417	National Pollutant Discharge Elimination System permit,
2418	environmental resource permit, or works-of-the-district permit,
2419	or has not implemented water quality and quantity best-
2420	management practices as described in this subsection. For those
2421	counties that, before March 1, 2009, adopted a stormwater
2422	utility ordinance, resolution, or municipal services benefit
2423	unit or, before March 1, 2009, adopted a resolution stating its
2424	intent to use the uniform method of collection pursuant to s.
2425	197.3632 for such stormwater ordinances, the county may continue
2426	to charge an assessment or fee for stormwater management on a
2427	bona fide farm operation on land classified as agricultural
2428	pursuant to s. 193.461 if the ordinance provides credits against
2429	the assessment or fee on a bona fide farm operation for the
2430	implementation of best-management practices adopted as rules
2431	under chapter 120 by the Department of Environmental Protection,
2432	the Department of Agriculture and Consumer Services, or a water
2433	management district as part of a statewide or regional program,
2434	or stormwater quality and quantity measures required as part of
2435	a National Pollutant Discharge Elimination System permit,
2436	environmental resource permit, or works-of-the-district permit
2437	or implementation of best-management practices or alternative
2438	measures which the landowner demonstrates to the county to be of
2439	equivalent or greater stormwater benefit than those provided by
2440	implementation of best-management practices adopted as rules
2441	under chapter 120 by the Department of Environmental Protection,
2442	the Department of Agriculture and Consumer Services, or a water
2443	management district as part of a statewide or regional program,
2444	or stormwater quality and quantity measures required as part of
2445	a National Pollutant Discharge Elimination System permit,
2446	environmental resource permit, or works-of-the-district permit.
2447	(a)  When an activity of a farm operation takes place
2448	within a wellfield protection area as defined in any wellfield
2449	protection ordinance adopted by a county, and the implemented
2450	best management practice, regulation, or interim measure does
2451	not specifically address wellfield protection, a county may
2452	regulate that activity pursuant to such ordinance. This
2453	subsection does not limit the powers and duties provided for in
2454	s. 373.4592 or limit the powers and duties of any county to
2455	address an emergency as provided for in chapter 252.
2456	(b)  This subsection may not be construed to permit an
2457	existing farm operation to change to a more excessive farm
2458	operation with regard to traffic, noise, odor, dust, or fumes
2459	where the existing farm operation is adjacent to an established
2460	homestead or business on March 15, 1982.
2461	(c)  This subsection does not limit the powers of a
2462	predominantly urbanized county with a population greater than
2463	1,500,000 and more than 25 municipalities, not operating under a
2464	home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
2465	VIII of the Constitution of 1885, as preserved by s. 6(e), Art.
2466	VIII of the Constitution of 1968, which has a delegated
2467	pollution control program under s. 403.182 and includes drainage
2468	basins that are part of the Everglades Stormwater Program, to
2469	enact ordinances, regulations, or other measures to comply with
2470	the provisions of s. 373.4592, or which are necessary to
2471	carrying out a county's duties pursuant to the terms and
2472	conditions of any environmental program delegated to the county
2473	by agreement with a state agency.
2474	(d)  For purposes of this subsection, a county ordinance
2475	that regulates the transportation or land application of
2476	domestic wastewater residuals or other forms of sewage sludge
2477	shall not be deemed to be duplication of regulation.
2478	(e)  This subsection does not limit a county's powers to:
2479	1.  Enforce wetlands, springs protection, or stormwater
2480	ordinances, regulations, or rules adopted before January 15,
2481	2009.
2482	2.  Enforce wetlands, springs protection, or stormwater
2483	ordinances, regulations, or rules pertaining to the Wekiva River
2484	Protection Area.
2485	3.  Enforce ordinances, regulations, or rules as directed
2486	by law or implemented consistent with the requirements of a
2487	program operated under a delegation agreement from a state
2488	agency or water management district.
2489
2490	As used in this paragraph, the term "wetlands" has the same
2491	meaning as defined in s. 373.019.
2492	(f)  The provisions of this subsection that limit a
2493	county's authority to adopt or enforce any ordinance,
2494	regulation, rule, or policy, or to charge any assessment or fee
2495	for stormwater management, apply only to a bona fide farm
2496	operation as described in this subsection.
2497	Section 74.  Section 163.3163, Florida Statutes, is created
2498	to read:
2499	163.3163  Applications for development permits; disclosure
2500	and acknowledgement of neighboring agricultural land.--
2501	(1)  This section may be cited as the "Agricultural Land
2502	Acknowledgement Act."
2503	(2)  The Legislature finds that nonagricultural land which
2504	neighbors agricultural land may adversely affect agricultural
2505	production and farm operations on the agricultural land and may
2506	lead to the agricultural land's conversion to urban, suburban,
2507	or other nonagricultural uses. The Legislature intends to
2508	preserve and encourage agricultural land use and to reduce the
2509	occurrence of conflicts between agricultural and nonagricultural
2510	land uses. The purpose of this section is to ensure that
2511	generally accepted agricultural practices will not be subject to
2512	interference by residential use of land contiguous to
2513	agricultural land.
2514	(3)  As used in this section, the term:
2515	(a)  "Agricultural land" means land classified as
2516	agricultural land pursuant to s. 193.461.
2517	(b)  "Contiguous" means touching, bordering, or adjoining
2518	along a boundary. For purposes of this section, properties that
2519	would be contiguous if not separated by a roadway, railroad, or
2520	other public easement are considered contiguous.
2521	(c)  "Farm operation" has the same meaning as defined in s.
2522	823.14.
2523	(4)(a)  Before a political subdivision issues a local land
2524	use permit, building permit, or certificate of occupancy for
2525	nonagricultural land contiguous to agricultural land, the
2526	political subdivision shall require that, as a condition of
2527	issuing the permit or certificate, the applicant for the permit
2528	or certificate sign and submit to the political subdivision, in
2529	a format that is recordable in the official records of the
2530	county in which the political subdivision is located, a written
2531	acknowledgement of contiguous agricultural land in the following
2532	form:
2533
2534	ACKNOWLEDGEMENT OF CONTIGUOUS AGRICULTURAL LAND
2535
2536	I, ...(name of applicant)..., understand that my property
2537	located at ...(address of nonagricultural land)..., as
2538	further described in the attached legal description, is
2539	contiguous to agricultural land located at ...(address of
2540	agricultural land)..., as further described in the
2541	attached legal description.
2542	I acknowledge and understand that the farm operation
2543	on the contiguous agricultural land identified herein will
2544	be conducted according to generally accepted agricultural
2545	practices as provided in the Florida Right to Farm Act, s.
2546	823.14, Florida Statutes.
2547	Signature: ...(signature of applicant)....
2548	Date: ...(date)....
2549
2550	(b)  An acknowledgement submitted to a political
2551	subdivision under paragraph (a) shall be recorded in the
2552	official records of the county in which the political
2553	subdivision is located.
2554	Section 75.  Section 604.50, Florida Statutes, is amended
2555	to read:
2556	604.50  Nonresidential farm buildings and farm
2557	fences.--Notwithstanding any other law to the contrary, any
2558	nonresidential farm building or farm fence is exempt from the
2559	Florida Building Code and any county or municipal building code
2560	or fee, except for code provisions implementing local, state, or
2561	federal floodplain management regulations. For purposes of this
2562	section, the term "nonresidential farm building" means any
2563	building or support structure that is used for agricultural
2564	purposes, is located on a farm that is not used as a residential
2565	dwelling, and is located on land that is an integral part of a
2566	farm operation or is classified as agricultural land under s.
2567	193.461. The term "farm" is as defined in s. 823.14.
2568	Section 76.  This act shall take effect July 1, 2009.
2569

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