HB 1447

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 of service
19	center employees; amending s. 482.152, F.S.; revising
20	duties and supervisory requirements of certified operators
21	in charge of pest control businesses; creating s. 482.157,
22	F.S.; providing for pest control certification of
23	commercial wildlife management personnel; providing
24	application procedures and requirements; requiring a
25	certification examination; establishing certification
26	fees; amending s. 482.163, F.S.; authorizing disciplinary
27	action against pest control licensees for violations by
28	employees under certain circumstances; limiting the
29	grounds for disciplinary action against a certified
30	operator in charge; requiring notices of administrative
31	actions taken against pest control employees; amending s.
32	482.226, F.S.; increasing the financial responsibility
33	requirements for certain pest control licensees; amending
34	s. 493.6102, F.S.; specifying that provisions regulating
35	security officers do not apply to certain officers
36	performing off-duty activities; amending s. 493.6105,
37	F.S.; revising application requirements and procedures for
38	private investigator, security officer, or recovery agent
39	licenses; specifying application requirements for firearms
40	instructor license; amending s. 493.6106, F.S.; revising
41	citizenship requirements and documentation for private
42	investigator, security officer, and recovery agent
43	licenses; prohibiting licensure of applicants prohibited
44	from purchasing or possessing firearms; requiring notice
45	of changes to branch office locations for private
46	investigative, security, or recovery agencies; amending s.
47	493.6107, F.S.; requiring the department to accept certain
48	methods of payment for certain fees; amending s. 493.6108,
49	F.S.; revising requirements for criminal history checks of
50	license applicants whose fingerprints are not legible;
51	requiring investigation of the mental and emotional
52	fitness of applicants for firearms instructor licenses;
53	amending s. 493.6111, F.S.; requiring a security officer
54	school or recovery agent school to obtain the department's
55	approval for use of a fictitious name; amending s.
56	493.6113, F.S.; revising application renewal procedures
57	and requirements; amending s. 493.6115, F.S.; conforming
58	cross-references; amending s. 493.6118, F.S.; authorizing
59	disciplinary action against private investigators,
60	security officers, and recovery agents who are prohibited
61	from purchasing or possessing firearms; amending s.
62	493.6121, F.S.; deleting provisions for the department's
63	access to certain criminal history records provided to
64	licensed gun dealers, manufactures, and exporters;
65	amending s. 493.6202, F.S.; requiring the department to
66	accept certain methods of payment for certain fees;
67	amending s. 493.6203, F.S.; prohibiting bodyguard services
68	from being credited toward certain license requirements;
69	revising training requirements for private investigator
70	intern license applicants; amending s. 493.6302, F.S.;
71	requiring the department to accept certain methods of
72	payment for certain fees; amending s. 493.6303, F.S.;
73	revising the training requirements for security officer
74	license applicants; amending s. 493.6304, F.S.; revising
75	application requirements and procedures for security
76	officer school licenses; amending s. 493.6401, F.S.;
77	revising terminology for recovery agent schools and
78	training facilities; amending s. 493.6402, F.S.; revising
79	terminology for recovery agent schools and training
80	facilities; requiring the department to accept certain
81	methods of payment for certain fees; amending s. 493.6406,
82	F.S.; requiring recovery agent school and instructor
83	licenses; providing license application requirements and
84	procedures; amending s. 500.03, F.S.; revising the term
85	"food establishment" to include tomato repackers for
86	purposes of the Florida Food Safety Act; creating s.
87	500.70, F.S.; defining terms; requiring minimum food
88	safety standards for producing, harvesting, packing, and
89	repacking tomatoes; authorizing the department to inspect
90	tomato farms, greenhouses, and packinghouses or repackers;
91	providing penalties; authorizing the department to publish
92	guidance for the state's tomato industry; providing a
93	presumption that tomatoes introduced into commerce are
94	safe for human consumption under certain circumstances;
95	authorizing the department to adopt rules; amending ss.
96	501.605 and 501.607, F.S.; revising application
97	requirements for commercial telephone seller and
98	salesperson licenses; amending s. 501.913, F.S.;
99	specifying the sample size required for antifreeze
100	registration application; amending s. 525.01, F.S.;
101	revising requirements for petroleum fuel affidavits;
102	amending s. 525.09, F.S.; imposing an inspection fee on
103	certain alternative fuels containing alcohol; amending s.
104	526.50, F.S.; defining terms applicable to regulation of
105	the sale of brake fluid; amending s. 526.51, F.S.;
106	revising brake fluid permit application requirements;
107	deleting permit renewal requirements; providing for
108	reregistration of brake fluid and establishing fees;
109	amending s. 526.52, F.S.; revising requirements for
110	printed statements on brake fluid containers; amending s.
111	526.53, F.S.; revising requirements and procedures for
112	brake fluid stop-sale orders; authorizing businesses to
113	dispose of unregistered brake fluid under certain
114	circumstances; amending s. 527.02, F.S.; increasing fees
115	for liquefied petroleum gas licenses; revising fees for
116	pipeline system operators; amending s. 527.0201, F.S.;
117	revising requirements for liquefied petroleum gas
118	qualifying examinations; increasing examination fees;
119	increasing continuing education requirements for certain
120	liquefied petroleum gas qualifiers; amending s. 527.021,
121	F.S.; requiring the annual inspection of liquefied
122	petroleum gas transport vehicles; increasing the
123	inspection fee; amending s. 527.12, F.S.; providing for
124	the issuance of certain stop orders; amending ss. 559.805
125	and 559.928, F.S.; deleting requirements that lists of
126	independent agents of sellers of business opportunities
127	and the agents' registration affidavits include the
128	agents' social security numbers; amending s. 570.07, F.S.;
129	authorizing the department to adopt best management
130	practices for agricultural production and food safety;
131	amending s. 570.0725, F.S.; revising provisions for public
132	information about food banks and similar food recovery
133	programs; amending s. 570.48, F.S.; revising duties of the
134	Division of Fruit and Vegetables for tomato food safety
135	inspections; amending ss. 570.53 and 570.54, F.S.;
136	conforming cross-references; amending s. 570.55, F.S.;
137	revising requirements for identifying sellers or handlers
138	of tropical or subtropical fruit or vegetables; amending
139	s. 570.902, F.S.; conforming terminology to the repeal by
140	the act of provisions establishing the Florida
141	Agricultural Museum; amending s. 570.903, F.S.; revising
142	provisions for direct-support organizations for certain
143	agricultural programs to conform to the repeal by the act
144	of provisions establishing the Florida Agricultural
145	Museum; deleting provisions for a direct-support
146	organization for the Florida State Collection of
147	Arthropods; amending s. 581.011, F.S.; deleting
148	terminology relating to the Florida State Collection of
149	Arthropods; revising the term "nursery" for purposes of
150	plant industry regulations; amending s. 581.031, F.S.;
151	increasing citrus source tree registration fees; amending
152	s. 581.131, F.S.; increasing registration fees for a
153	nurseryman, stock dealer, agent, or plant broker
154	certificate; amending s. 581.211, F.S.; increasing the
155	maximum fine for violations of plant industry regulations;
156	amending s. 583.13, F.S.; deleting a prohibition on the
157	sale of poultry without displaying the poultry grade;
158	amending s. 590.125, F.S.; revising terminology for open
159	burning authorizations; specifying purposes of certified
160	prescribed burning; requiring the authorization of the
161	Division of Forestry for certified pile burning; providing
162	pile burning requirements; limiting the liability of
163	property owners or agents engaged in pile burning;
164	providing for the certification of pile burners; providing
165	penalties for violations by certified pile burners;
166	requiring rules; revising notice requirements for wildfire
167	hazard reduction treatments; providing for approval of
168	local government open burning authorization programs;
169	providing program requirements; authorizing the division
170	to close local government programs under certain
171	circumstances; providing penalties for violations of local
172	government open burning requirements; amending s. 590.14,
173	F.S.; authorizing fines for violations of any division
174	rule; providing penalties for certain violations;
175	providing legislative intent; amending s. 599.004, F.S.;
176	revising standards that a winery must meet to qualify as a
177	certified Florida Farm Winery; amending s. 604.15, F.S.;
178	revising the term "agricultural products" to make tropical
179	foliage exempt from regulation under provisions relating
180	to dealers in agricultural products; defining the term
181	"responsible position"; amending s. 604.19, F.S.; revising
182	requirements for late fees on agricultural products dealer
183	applications; amending s. 604.20, F.S.; revising the
184	minimum amount of the surety bond or certificate of
185	deposit required for agricultural products dealer
186	licenses; providing conditions for the payment of bond or
187	certificate of deposit proceeds; requiring additional
188	documentation for issuance of a conditional license;
189	amending s. 604.25, F.S.; prohibiting certain persons from
190	holding a responsible position with an agricultural
191	products dealer; authorizing the suspension or revocation
192	of an agricultural products dealer license for employing
193	such a person; amending s. 616.242, F.S.; authorizing the
194	issuance of stop-operation orders for amusement rides
195	under certain circumstances; amending s. 790.06, F.S.;
196	authorizing a concealed firearm license applicant to
197	submit fingerprints administered by the Division of
198	Licensing; repealing ss. 570.071 and 570.901, F.S.,
199	relating to the Florida Agricultural Exposition and the
200	Florida Agricultural Museum; providing an effective date.
201
202	Be It Enacted by the Legislature of the State of Florida:
203
204	Section 1.  Subsections (5) and (7) of section 482.021,
205	Florida Statutes, are amended to read:
206	482.021  Definitions.--For the purposes of this chapter,
207	and unless otherwise required by the context, the term:
208	(5)  "Certified operator in charge" means a certified
209	operator:
210	(a)  Whose primary occupation is the pest control business;
211	(b)  Who is employed full time by a licensee; and
212	(c)  Whose principal duty is the personal supervision of
213	the licensee's operation in a category or categories of pest
214	control in which the operator is certified.
215	(7)  "Employee" means a person who is employed by a
216	licensee that provides that person with necessary training,
217	supervision, pesticides, equipment, and insurance and who
218	receives compensation from and is under the personal supervision
219	and direct control of the licensee's certified operator in
220	charge and from whose compensation the licensee regularly
221	deducts and matches federal insurance contributions and federal
222	income and Social Security taxes.
223	Section 2.  Subsection (3) of section 482.051, Florida
224	Statutes, is amended to read:
225	482.051  Rules.--The department has authority to adopt
226	rules pursuant to ss. 120.536(1) and 120.54 to implement the
227	provisions of this chapter. Prior to proposing the adoption of a
228	rule, the department shall counsel with members of the pest
229	control industry concerning the proposed rule. The department
230	shall adopt rules for the protection of the health, safety, and
231	welfare of pest control employees and the general public which
232	require:
233	(3)  That written contracts be required for providing
234	termites and other wood-destroying organisms pest control, that
235	provisions necessary to assure consumer protection as specified
236	by the department be included in such contracts, that licensees
237	perform an inspection before issuing a contract on an existing
238	structure, and that require licensees to comply with the
239	contracts issued.
240	Section 3.  Subsection (4) of section 482.071, Florida
241	Statutes, is amended to read:
242	482.071  Licenses.--
243	(4)  A licensee may not operate a pest control business
244	without carrying the required insurance coverage. Each person
245	making application for a pest control business license or
246	renewal thereof must furnish to the department a certificate of
247	insurance that meets the requirements for minimum financial
248	responsibility for bodily injury and property damage consisting
249	of:
250	(a)  Bodily injury: $250,000 $100,000 each person and
251	$500,000 $300,000 each occurrence; and property damage: $250,000
252	$50,000 each occurrence and $500,000 $100,000 in the aggregate;
253	or
254	(b)  Combined single-limit coverage: $500,000 $400,000 in
255	the aggregate.
256	Section 4.  Section 482.072, Florida Statutes, is created
257	to read:
258	482.072  Pest control service centers.--
259	(1)  The department may issue a license to a qualified
260	business to operate a pest control service center, to solicit
261	pest control business, or to provide services to customers for
262	one or more business locations licensed under s. 482.071. A
263	person may not operate a centralized service center for a pest
264	control business that is not licensed by the department.
265	(2)(a)  Before operating a pest control service center, and
266	annually thereafter, on or before an anniversary date set by the
267	department for the licensed pest control service center
268	location, the pest control business must apply to the department
269	for a license under this chapter, or a renewal thereof, for each
270	pest control service center location. An application must be
271	submitted in the format prescribed by the department.
272	(b)  The department shall establish a fee for the issuance
273	of a pest control service center license of at least $500, but
274	not more than $1,000, and a fee for the renewal of a license of
275	at least $250, but not more than $500; however, until rules
276	setting the fees are adopted by the department, the initial
277	license and renewal fees are each set at $500. The department
278	shall establish a grace period, not to exceed 30 calendar days
279	after a license's anniversary renewal date. The department shall
280	assess a late renewal charge of $150, in addition to the renewal
281	fee, to a business that renews its license after the grace
282	period.
283	(c)  A license automatically expires 60 calendar days after
284	the anniversary renewal date unless the license is renewed
285	before that date. Once a license expires, it may be reinstated
286	only upon reapplication and payment of the license fee and late
287	renewal fee.
288	(d)  A license automatically expires when a licensee
289	changes its pest control service center business location
290	address. The department shall issue a new license upon payment
291	of a $250 fee. The new license automatically expires 60 calendar
292	days after the anniversary renewal date of the former license
293	unless the license is renewed before that date.
294	(e)  The department may not issue or renew a license to
295	operate a centralized pest control service center unless the
296	pest control business licensees for whom the centralized service
297	center solicits business have one or more common owners.
298	(f)  The department may deny the issuance of a pest control
299	service center license, or refuse to renew a license, if the
300	department finds that the applicant or licensee, or any of its
301	directors, officers, owners, or general partners, are or were
302	directors, officers, owners, or general partners of a pest
303	control business described in s. 482.071(2)(g) or violated a
304	rule adopted under s. 482.071(2)(f).
305	(g)  Section 482.091 does not apply to a person who
306	solicits pest control services or provides customer service in a
307	licensed pest control service center unless the person performs
308	the pest control work described in s. 482.021(21)(a)-(d),
309	executes a pest control contract, or accepts remuneration for
310	such work.
311	(3)(a)  The department shall adopt rules establishing
312	requirements and procedures for recordkeeping and monitoring of
313	pest control service center operations to ensure compliance with
314	this chapter and rules adopted under this chapter.
315	(b)  Notwithstanding s. 482.163, whether an employee acts
316	outside of the course and scope of his or her employment or
317	whether the employee disobeys employer policies:
318	1.  A pest control service center licensee may be subject
319	to disciplinary action under s. 482.161 for a violation of this
320	chapter or a rule adopted under this chapter committed by an
321	employee of the service center.
322	2.  A pest control business licensee may be subject to
323	disciplinary action under s. 482.161 for a violation committed
324	by an employee of the service center if the business licensee
325	benefits from the violation.
326	Section 5.  Section 482.152, Florida Statutes, is amended
327	to read:
328	482.152  Duties of certified operator in charge of pest
329	control activities of licensee.--A certified operator in charge
330	of the pest control activities of a licensee shall have her or
331	his primary occupation with the licensee and shall be a full-
332	time employee of the licensee. The, and her or his principal
333	duties of the certified operator in charge duty shall include:
334	(1)  The Responsibility for the personal supervision of,
335	and participation in, the pest control activities of at the
336	business location of the licensee. This chapter does not prevent
337	a certified operator in charge from performing duties at other
338	business locations owned by the licensee if:
339	(a)  The certified operator in charge performs her or his
340	duties as provided in this section for the business location of
341	the licensee.
342	(b)  The certified operator in charge is a full-time
343	employee of the licensee.
344	(c)  The primary occupation of the certified operator in
345	charge is the pest control business. as the same relate to:
346	(2)(1)  The Selection of proper and correct chemicals for
347	the particular pest control work performed.
348	(3)(2)  The Safe and proper use of the pesticides used.
349	(4)(3)  The Correct concentration and formulation of
350	pesticides used in all pest control work performed.
351	(5)(4)  The Training of personnel in the proper and
352	acceptable methods of pest control.
353	(6)(5)  The Control measures and procedures used.
354	(7)(6)  The Notification of the department of any
355	accidental human poisoning or death connected with pest control
356	work performed on a job she or he is supervising, within 24
357	hours after she or he has knowledge of the poisoning or death.
358	Section 6.  Section 482.157, Florida Statutes, is created
359	to read:
360	482.157  Limited certification for commercial wildlife
361	management personnel.--
362	(1)  The department shall establish a limited certification
363	category for individual commercial wildlife management personnel
364	that authorizes the personnel to use nonchemical methods for
365	controlling pest birds or rodents, including, but not limited
366	to, the use of traps, glue boards, mechanical or electronic
367	devices, or exclusionary techniques.
368	(2)  A person seeking limited certification under this
369	section must pass an examination administered by the department.
370	An application for examination must be accompanied by an
371	examination fee set by rule of the department of at least $150
372	but not to exceed $300. The department shall provide the
373	appropriate reference materials for the examination and make the
374	examination readily available as often as necessary, but at
375	least quarterly in each county. Before the department issues a
376	limited certification under this section, the person applying
377	for certification must furnish proof that he or she holds a
378	certificate of insurance stating that his or her employer meets
379	the requirements for minimum financial responsibility in s.
380	482.071(4).
381	(3)  An application for recertification under this section
382	must be submitted annually and be accompanied by a
383	recertification fee set by rule of the department of at least
384	$75 but not to exceed $150. The application must also be
385	accompanied by proof that:
386	(a)  The applicant completed 4 classroom hours of
387	acceptable continuing education.
388	(b)  The applicant holds a certificate of insurance stating
389	that his or her employer meets the requirements for minimum
390	financial responsibility in s. 482.071(4).
391	(4)  The department shall establish a grace period, not to
392	exceed 30 calendar days after an annual date established by the
393	department on which recertification is due. The department shall
394	assess a late charge of $50, in addition to the recertification
395	fee, to commercial wildlife management personnel who are
396	recertified after the grace period.
397	(5)  A limited certification automatically expires 180
398	calendar days after the annual date on which recertification is
399	due unless the commercial wildlife personnel are recertified
400	before the certification expires. Once a certification expires,
401	certification may be issued only upon successful reexamination
402	and payment of the examination fees.
403	(6)  Certification under this section does not authorize:
404	(a)  Use of any pesticide or chemical substance, other than
405	adhesive materials, to control pest birds, rodents, or other
406	nuisance wildlife in, on, or under a structure.
407	(b)  Operation of a pest control business.
408	(c)  Supervision of a certified person.
409	Section 7.  Section 482.163, Florida Statutes, is amended
410	to read:
411	482.163  Responsibility for pest control activities of
412	employee.--Proper performance of pest control activities by a
413	pest control business employee is the responsibility not only of
414	the employee but also of the licensee and the certified operator
415	in charge, and the licensee and certified operator in charge may
416	be subject to disciplinary action under disciplined pursuant to
417	the provisions of s. 482.161 for the pest control activities of
418	an employee unless the employee acts outside the course and
419	scope of his or her employment or the employee disobeys employer
420	policies that the licensee and certified operator in charge
421	regularly and consistently enforce. If an inspection or
422	investigation results in administrative action being taken
423	against an employee, the department shall notify the licensee
424	and certified operator in charge so that corrective action can
425	be taken. A licensee may not automatically be considered
426	responsible for violations made by an employee. However, the
427	licensee may not knowingly encourage, aid, or abet violations of
428	this chapter.
429	Section 8.  Subsection (6) of section 482.226, Florida
430	Statutes, is amended to read:
431	482.226  Wood-destroying organism inspection report; notice
432	of inspection or treatment; financial responsibility.--
433	(6)  Any licensee that performs wood-destroying organism
434	inspections in accordance with subsection (1) must meet minimum
435	financial responsibility in the form of errors and omissions
436	(professional liability) insurance coverage or bond in an amount
437	no less than $250,000 $50,000 in the aggregate and $25,000 per
438	occurrence, or demonstrate that the licensee has equity or net
439	worth of no less than $500,000 $100,000 as determined by
440	generally accepted accounting principles substantiated by a
441	certified public accountant's review or certified audit. The
442	licensee must show proof of meeting this requirement at the time
443	of license application or renewal thereof.
444	Section 9.  Subsection (1) of section 493.6102, Florida
445	Statutes, is amended to read:
446	493.6102  Inapplicability of this chapter.--This chapter
447	shall not apply to:
448	(1)  Any individual who is an "officer" as defined in s.
449	943.10(14), or is a law enforcement officer of the United States
450	Government, while the such local, state, or federal officer is
451	engaged in her or his official duties or, if approved by the
452	officer's supervisors, when performing off-duty activities as a
453	security officer activities approved by her or his superiors.
454	Section 10.  Subsections (5) through (9) of section
455	493.6105, Florida Statutes, are renumbered as subsections (4)
456	through (8), respectively, and subsections (2), (3), (4), (6),
457	and (7) of that section are amended to read:
458	493.6105  Initial application for license.--
459	(2)  Each application shall be signed and verified by the
460	individual under oath as provided in s. 92.525 and shall be
461	notarized.
462	(3)  The application shall contain the following
463	information concerning the individual signing same:
464	(a)  Name and any aliases.
465	(b)  Age and date of birth.
466	(c)  Place of birth.
467	(d)  Social security number or alien registration number,
468	whichever is applicable.
469	(e)  Present residence address and his or her residence
470	addresses within the 5 years immediately preceding the
471	submission of the application.
472	(f)  Occupations held presently and within the 5 years
473	immediately preceding the submission of the application.
474	(f)(g)  A statement of all criminal convictions, findings
475	of guilt, and pleas of guilty or nolo contendere, regardless of
476	adjudication of guilt.
477	(g)  One passport-type color photograph taken within the 6
478	months immediately preceding submission of the application.
479	(h)  A statement whether he or she has ever been
480	adjudicated incompetent under chapter 744.
481	(i)  A statement whether he or she has ever been committed
482	to a mental institution under chapter 394.
483	(j)  A full set of fingerprints on a card provided by the
484	department and a fingerprint fee to be established by rule of
485	the department based upon costs determined by state and federal
486	agency charges and department processing costs. An applicant who
487	has, within the immediately preceding 6 months, submitted a
488	fingerprint card and fee for licensing purposes under this
489	chapter shall not be required to submit another fingerprint card
490	or fee.
491	(k)  A personal inquiry waiver which allows the department
492	to conduct necessary investigations to satisfy the requirements
493	of this chapter.
494	(l)  Such further facts as may be required by the
495	department to show that the individual signing the application
496	is of good moral character and qualified by experience and
497	training to satisfy the requirements of this chapter.
498	(4)  In addition to the application requirements outlined
499	in subsection (3), the applicant for a Class "C," Class "CC,"
500	Class "E," Class "EE," or Class "G" license shall submit two
501	color photographs taken within the 6 months immediately
502	preceding the submission of the application, which meet
503	specifications prescribed by rule of the department. All other
504	applicants shall submit one photograph taken within the 6 months
505	immediately preceding the submission of the application.
506	(5)(6)  In addition to the requirements outlined in
507	subsection (3), an applicant for a Class "G" license shall
508	satisfy minimum training criteria for firearms established by
509	rule of the department, which training criteria shall include,
510	but is not limited to, 28 hours of range and classroom training
511	taught and administered by a Class "K" licensee; however, no
512	more than 8 hours of such training shall consist of range
513	training. If the applicant can show proof that he or she is an
514	active law enforcement officer currently certified under the
515	Criminal Justice Standards and Training Commission or has
516	completed the training required for that certification within
517	the last 12 months, or if the applicant submits one of the
518	certificates specified in paragraph (6)(7)(a), the department
519	may waive the foregoing firearms training requirement.
520	(6)(7)  In addition to the requirements under subsection
521	(3), an applicant for a Class "K" license shall:
522	(a)  Submit one of the following certificates:
523	1.  The Florida Criminal Justice Standards and Training
524	Commission Firearms Instructor's Certificate and confirmation by
525	the commission that the applicant is authorized to provide
526	firearms instruction.
527	2.  The National Rifle Association Law Enforcement Police
528	Firearms Instructor's Certificate.
529	3.  The National Rifle Association Security Firearms
530	Instructor's Certificate.
531	3.4.  A firearms instructor's training certificate issued
532	by any branch of the United States Armed Forces, from a federal
533	law enforcement agency, state, county, or municipal police
534	academy in this state recognized as such by the Criminal Justice
535	Standards and Training Commission or by the Department of
536	Education.
537	(b)  Pay the fee for and pass an examination administered
538	by the department which shall be based upon, but is not
539	necessarily limited to, a firearms instruction manual provided
540	by the department.
541	Section 11.  Paragraph (f) of subsection (1) and paragraph
542	(a) of subsection (2) of section 493.6106, Florida Statutes, are
543	amended, and paragraph (g) is added to subsection (1) of that
544	section, to read:
545	493.6106  License requirements; posting.--
546	(1)  Each individual licensed by the department must:
547	(f)  Be a citizen or permanent legal resident alien of the
548	United States or have appropriate been granted authorization
549	issued to seek employment in this country by the United States
550	Bureau of Citizenship and Immigration Services of the United
551	States Department of Homeland Security.
552	1.  An applicant for a Class "C," Class "CC," Class "D,"
553	Class "DI," Class "E," Class "EE," Class "M," Class "MA," Class
554	"MB," Class "MR," or Class "RI" license who is not a United
555	States citizen must submit proof of current employment
556	authorization issued by the United States Bureau of Citizenship
557	and Immigration Services or proof that she or he is deemed a
558	permanent legal resident alien by the bureau.
559	2.  An applicant for a Class "G" or Class "K" license who
560	is not a United States citizen must submit proof that she or he
561	is deemed a permanent legal resident alien by the United States
562	Bureau of Citizenship and Immigration Services with additional
563	documentation establishing that she or he has resided in the
564	state of residence shown on the application for at least 90
565	consecutive days before the date that the application is
566	submitted.
567	3.  An applicant for an agency or school license who is not
568	a United States citizen or permanent legal resident alien must
569	submit documentation issued by the United States Bureau of
570	Citizenship and Immigration Services stating that she or he is
571	lawfully in the United States and is authorized to own and
572	operate the type of agency for which she or he is applying. An
573	employment authorization card issued by the United States Bureau
574	of Citizenship and Immigration Services is not sufficient
575	documentation.
576	(g)  Not be prohibited from purchasing or possessing a
577	firearm by state or federal law.
578	(2)  Each agency shall have a minimum of one physical
579	location within this state from which the normal business of the
580	agency is conducted, and this location shall be considered the
581	primary office for that agency in this state.
582	(a)  If an agency or branch office desires to change the
583	physical location of the business, as it appears on the agency
584	license, the department must be notified within 10 days of the
585	change, and, except upon renewal, the fee prescribed in s.
586	493.6107 must be submitted for each license requiring revision.
587	Each license requiring revision must be returned with such
588	notification.
589	Section 12.  Subsection (3) of section 493.6107, Florida
590	Statutes, is amended to read:
591	493.6107  Fees.--
592	(3)  The fees set forth in this section must be paid by
593	certified check or money order or, at the discretion of the
594	department, by agency check at the time the application is
595	approved, except that the applicant for a Class "G" or Class "M"
596	license must pay the license fee at the time the application is
597	made. If a license is revoked or denied or if the application is
598	withdrawn, the license fee shall not be refunded.
599	Section 13.  Paragraph (a) of subsection (1) and subsection
600	(3) of section 493.6108, Florida Statutes, are amended to read:
601	493.6108  Investigation of applicants by Department of
602	Agriculture and Consumer Services.--
603	(1)  Except as otherwise provided, prior to the issuance of
604	a license under this chapter, the department shall make an
605	investigation of the applicant for a license. The investigation
606	shall include:
607	(a)1.  An examination of fingerprint records and police
608	records. When a criminal history analysis of any applicant under
609	this chapter is performed by means of fingerprint card
610	identification, the time limitations prescribed by s. 120.60(1)
611	shall be tolled during the time the applicant's fingerprint card
612	is under review by the Department of Law Enforcement or the
613	United States Department of Justice, Federal Bureau of
614	Investigation.
615	2.  If a legible set of fingerprints, as determined by the
616	Department of Law Enforcement or the Federal Bureau of
617	Investigation, cannot be obtained after two attempts, the
618	Department of Agriculture and Consumer Services may determine
619	the applicant's eligibility based upon a criminal history record
620	check under the applicant's name conducted by the Department of
621	Law Enforcement if the and the Federal Bureau of Investigation.
622	A set of fingerprints are taken by a law enforcement agency or
623	the department and the applicant submits a written statement
624	signed by the fingerprint technician or a licensed physician
625	stating that there is a physical condition that precludes
626	obtaining a legible set of fingerprints or that the fingerprints
627	taken are the best that can be obtained is sufficient to meet
628	this requirement.
629	(3)  The department shall also investigate the mental
630	history and current mental and emotional fitness of any Class
631	"G" or Class "K" applicant, and may deny a Class "G" or Class
632	"K" license to anyone who has a history of mental illness or
633	drug or alcohol abuse.
634	Section 14.  Subsection (4) of section 493.6111, Florida
635	Statutes, is amended to read:
636	493.6111  License; contents; identification card.--
637	(4)  Notwithstanding the existence of a valid Florida
638	corporate registration, an no agency or school licensee may not
639	conduct activities regulated under this chapter under any
640	fictitious name without prior written authorization from the
641	department to use that name in the conduct of activities
642	regulated under this chapter. The department may not authorize
643	the use of a name which is so similar to that of a public
644	officer or agency, or of that used by another licensee, that the
645	public may be confused or misled thereby. The authorization for
646	the use of a fictitious name shall require, as a condition
647	precedent to the use of such name, the filing of a certificate
648	of engaging in business under a fictitious name under s. 865.09.
649	A No licensee may not shall be permitted to conduct business
650	under more than one fictitious name except as separately
651	licensed nor shall the license be valid to protect any licensee
652	who is engaged in the business under any name other than that
653	specified in the license. An agency desiring to change its
654	licensed name shall notify the department and, except upon
655	renewal, pay a fee not to exceed $30 for each license requiring
656	revision including those of all licensed employees except Class
657	"D" or Class "G" licensees. Upon the return of such licenses to
658	the department, revised licenses shall be provided.
659	Section 15.  Subsection (2) and paragraph (a) of subsection
660	(3) of section 493.6113, Florida Statutes, are amended to read:
661	493.6113  Renewal application for licensure.--
662	(2)  At least No less than 90 days before prior to the
663	expiration date of the license, the department shall mail a
664	written notice to the last known mailing residence address for
665	individual licensees and to the last known agency address for
666	agencies.
667	(3)  Each licensee shall be responsible for renewing his or
668	her license on or before its expiration by filing with the
669	department an application for renewal accompanied by payment of
670	the prescribed license fee.
671	(a)  Each Class "B" Class "A," Class "B," or Class "R"
672	licensee shall additionally submit on a form prescribed by the
673	department a certification of insurance which evidences that the
674	licensee maintains coverage as required under s. 493.6110.
675	Section 16.  Subsection (8), paragraph (d) of subsection
676	(12), and subsection (16) of section 493.6115, Florida Statutes,
677	are amended to read:
678	493.6115  Weapons and firearms.--
679	(8)  A Class "G" applicant must satisfy the minimum
680	training criteria as set forth in s. 493.6105(5)(6) and as
681	established by rule of the department.
682	(12)  The department may issue a temporary Class "G"
683	license, on a case-by-case basis, if:
684	(d)  The applicant has received approval from the
685	department subsequent to its conduct of a criminal history
686	record check as authorized in s. 493.6108(1)(a)1. 493.6121(6).
687	(16)  If the criminal history record check program
688	referenced in s. 493.6108(1)(a)1. 493.6121(6) is inoperable, the
689	department may issue a temporary "G" license on a case-by-case
690	basis, provided that the applicant has met all statutory
691	requirements for the issuance of a temporary "G" license as
692	specified in subsection (12), excepting the criminal history
693	record check stipulated there; provided, that the department
694	requires that the licensed employer of the applicant conduct a
695	criminal history record check of the applicant pursuant to
696	standards set forth in rule by the department, and provide to
697	the department an affidavit containing such information and
698	statements as required by the department, including a statement
699	that the criminal history record check did not indicate the
700	existence of any criminal history that would prohibit licensure.
701	Failure to properly conduct such a check, or knowingly providing
702	incorrect or misleading information or statements in the
703	affidavit shall constitute grounds for disciplinary action
704	against the licensed agency, including revocation of license.
705	Section 17.  Paragraphs (t) and (u) of subsection (1) of
706	section 493.6118, Florida Statutes, are redesignated as
707	paragraphs (u) and (v), respectively, present paragraph (u) of
708	that subsection is amended, and a new paragraph (t) is added to
709	that subsection, to read:
710	493.6118  Grounds for disciplinary action.--
711	(1)  The following constitute grounds for which
712	disciplinary action specified in subsection (2) may be taken by
713	the department against any licensee, agency, or applicant
714	regulated by this chapter, or any unlicensed person engaged in
715	activities regulated under this chapter.
716	(t)  Being prohibited from purchasing or possessing a
717	firearm by state or federal law.
718	(v)(u)  In addition to the grounds for disciplinary action
719	prescribed in paragraphs (a)-(u) (a)-(t), Class "R" recovery
720	agencies, Class "E" recovery agents, and Class "EE" recovery
721	agent interns are prohibited from committing the following acts:
722	1.  Recovering a motor vehicle, mobile home, motorboat,
723	aircraft, personal watercraft, all-terrain vehicle, farm
724	equipment, or industrial equipment that has been sold under a
725	conditional sales agreement or under the terms of a chattel
726	mortgage before authorization has been received from the legal
727	owner or mortgagee.
728	2.  Charging for expenses not actually incurred in
729	connection with the recovery, transportation, storage, or
730	disposal of repossessed property or personal property obtained
731	in a repossession.
732	3.  Using any repossessed property or personal property
733	obtained in a repossession for the personal benefit of a
734	licensee or an officer, director, partner, manager, or employee
735	of a licensee.
736	4.  Selling property recovered under the provisions of this
737	chapter, except with written authorization from the legal owner
738	or the mortgagee thereof.
739	5.  Failing to notify the police or sheriff's department of
740	the jurisdiction in which the repossessed property is recovered
741	within 2 hours after recovery.
742	6.  Failing to remit moneys collected in lieu of recovery
743	of a motor vehicle, mobile home, motorboat, aircraft, personal
744	watercraft, all-terrain vehicle, farm equipment, or industrial
745	equipment to the client within 10 working days.
746	7.  Failing to deliver to the client a negotiable
747	instrument that is payable to the client, within 10 working days
748	after receipt of such instrument.
749	8.  Falsifying, altering, or failing to maintain any
750	required inventory or records regarding disposal of personal
751	property contained in or on repossessed property pursuant to s.
752	493.6404(1).
753	9.  Carrying any weapon or firearm when he or she is on
754	private property and performing duties under his or her license
755	whether or not he or she is licensed pursuant to s. 790.06.
756	10.  Soliciting from the legal owner the recovery of
757	property subject to repossession after such property has been
758	seen or located on public or private property if the amount
759	charged or requested for such recovery is more than the amount
760	normally charged for such a recovery.
761	11.  Wearing, presenting, or displaying a badge in the
762	course of performing a repossession regulated by this chapter.
763	Section 18.  Subsections (7) and (8) of section 493.6121,
764	Florida Statutes, are renumbered as subsections (6) and (7),
765	respectively, and present subsection (6) of that section is
766	amended to read:
767	493.6121  Enforcement; investigation.--
768	(6)  The department shall be provided access to the program
769	that is operated by the Department of Law Enforcement, pursuant
770	to s. 790.065, for providing criminal history record information
771	to licensed gun dealers, manufacturers, and exporters. The
772	department may make inquiries, and shall receive responses in
773	the same fashion as provided under s. 790.065. The department
774	shall be responsible for payment to the Department of Law
775	Enforcement of the same fees as charged to others afforded
776	access to the program.
777	Section 19.  Subsection (3) of section 493.6202, Florida
778	Statutes, is amended to read:
779	493.6202  Fees.--
780	(3)  The fees set forth in this section must be paid by
781	certified check or money order or, at the discretion of the
782	department, by agency check at the time the application is
783	approved, except that the applicant for a Class "G," Class "C,"
784	Class "CC," Class "M," or Class "MA" license must pay the
785	license fee at the time the application is made. If a license is
786	revoked or denied or if the application is withdrawn, the
787	license fee shall not be refunded.
788	Section 20.  Subsections (2), (4), and (6) of section
789	493.6203, Florida Statutes, are amended to read:
790	493.6203  License requirements.--In addition to the license
791	requirements set forth elsewhere in this chapter, each
792	individual or agency shall comply with the following additional
793	requirements:
794	(2)  An applicant for a Class "MA" license shall have 2
795	years of lawfully gained, verifiable, full-time experience, or
796	training in:
797	(a)  Private investigative work or related fields of work
798	that provided equivalent experience or training;
799	(b)  Work as a Class "CC" licensed intern;
800	(c)  Any combination of paragraphs (a) and (b);
801	(d)  Experience described in paragraph (a) for 1 year and
802	experience described in paragraph (e) for 1 year;
803	(e)  No more than 1 year using:
804	1.  College coursework related to criminal justice,
805	criminology, or law enforcement administration; or
806	2.  Successfully completed law enforcement-related training
807	received from any federal, state, county, or municipal agency;
808	or
809	(f)  Experience described in paragraph (a) for 1 year and
810	work in a managerial or supervisory capacity for 1 year.
811
812	However, experience in performing bodyguard services is not
813	creditable toward the requirements of this subsection.
814	(4)  An applicant for a Class "C" license shall have 2
815	years of lawfully gained, verifiable, full-time experience, or
816	training in one, or a combination of more than one, of the
817	following:
818	(a)  Private investigative work or related fields of work
819	that provided equivalent experience or training.
820	(b)  College coursework related to criminal justice,
821	criminology, or law enforcement administration, or successful
822	completion of any law enforcement-related training received from
823	any federal, state, county, or municipal agency, except that no
824	more than 1 year may be used from this category.
825	(c)  Work as a Class "CC" licensed intern.
826
827	However, experience in performing bodyguard services is not
828	creditable toward the requirements of this subsection.
829	(6)(a)  A Class "CC" licensee shall serve an internship
830	under the direction and control of a designated sponsor, who is
831	a Class "C," Class "MA," or Class "M" licensee.
832	(b)  Effective July 1, 2009 September 1, 2008, before
833	submission of an application to the department, the an applicant
834	for a Class "CC" license must have completed a minimum of 40 at
835	least 24 hours of professional training a 40-hour course
836	pertaining to general investigative techniques and this chapter,
837	which course is offered by a state university or by a school,
838	community college, college, or university under the purview of
839	the Department of Education, and the applicant must pass an
840	examination. The training must be provided in two parts, one 24-
841	hour course and one 16-hour course. The certificate evidencing
842	satisfactory completion of the 40 at least 24 hours of
843	professional training a 40-hour course must be submitted with
844	the application for a Class "CC" license. The remaining 16 hours
845	must be completed and an examination passed within 180 days. If
846	documentation of completion of the required training is not
847	submitted within the specified timeframe, the individual's
848	license is automatically suspended or his or her authority to
849	work as a Class "CC" pursuant to s. 493.6105(9) is rescinded
850	until such time as proof of certificate of completion is
851	provided to the department. The training course specified in
852	this paragraph may be provided by face-to-face presentation,
853	online technology, or a home study course in accordance with
854	rules and procedures of the Department of Education. The
855	administrator of the examination must verify the identity of
856	each applicant taking the examination.
857	1.  Upon an applicant's successful completion of each part
858	of the approved training course and passage of any required
859	examination, the school, community college, college, or
860	university shall issue a certificate of completion to the
861	applicant. The certificates must be on a form established by
862	rule of the department.
863	2.  The department shall establish by rule the general
864	content of the professional training course and the examination
865	criteria.
866	3.  If the license of an applicant for relicensure is has
867	been invalid for more than 1 year, the applicant must complete
868	the required training and pass any required examination.
869	(c)  An individual who submits an application for a Class
870	"CC" license on or after September 1, 2008, through June 30,
871	2009, who has not completed the 16-hour course must submit proof
872	of successful completion of the course within 180 days after the
873	date the application is submitted. If documentation of
874	completion of the required training is not submitted by that
875	date, the individual's license is automatically suspended until
876	proof of the required training is submitted to the department.
877	An individual licensed before January 1, 2007, is not required
878	to complete additional training hours in order to renew an
879	active license beyond the required total amount of training, and
880	within the timeframe, in effect at the time he or she was
881	licensed.
882	Section 21.  Subsection (3) of section 493.6302, Florida
883	Statutes, is amended to read:
884	493.6302  Fees.--
885	(3)  The fees set forth in this section must be paid by
886	certified check or money order or, at the discretion of the
887	department, by agency check at the time the application is
888	approved, except that the applicant for a Class "D," Class "G,"
889	Class "M," or Class "MB" license must pay the license fee at the
890	time the application is made. If a license is revoked or denied
891	or if the application is withdrawn, the license fee shall not be
892	refunded.
893	Section 22.  Subsection (4) of section 493.6303, Florida
894	Statutes, is amended to read:
895	493.6303  License requirements.--In addition to the license
896	requirements set forth elsewhere in this chapter, each
897	individual or agency shall comply with the following additional
898	requirements:
899	(4)(a)  Effective July 1, 2009, an applicant for a Class
900	"D" license must submit proof of successful completion of
901	complete a minimum of 40 hours of professional training at a
902	school or training facility licensed by the department. The
903	training must be provided in two parts, one 24-hour course and
904	one 16-hour course. The department shall by rule establish the
905	general content and number of hours of each subject area to be
906	taught.
907	(b)  An individual who submits an application for a Class
908	"D" license on or after January 1, 2007, through June 30, 2009,
909	who has not completed the 16-hour course must submit proof of
910	successful completion of the course within 180 days after the
911	date the application is submitted. If documentation of
912	completion of the required training is not submitted by that
913	date, the individual's license is automatically suspended until
914	proof of the required training is submitted to the department.
915	This section does not require a person licensed before January
916	1, 2007, to complete additional training hours in order to renew
917	an active license beyond the required total amount of training
918	within the timeframe prescribed by law at the time he or she was
919	licensed. An applicant may fulfill the training requirement
920	prescribed in paragraph (a) by submitting proof of:
921	1.  Successful completion of the total number of required
922	hours of training before initial application for a Class "D"
923	license; or
924	2.  Successful completion of 24 hours of training before
925	initial application for a Class "D" license and successful
926	completion of the remaining 16 hours of training within 180 days
927	after the date that the application is submitted. If
928	documentation of completion of the required training is not
929	submitted within the specified timeframe, the individual's
930	license is automatically suspended until such time as proof of
931	the required training is provided to the department.
932	(c)  An individual However, any person whose license is
933	suspended or has been revoked, suspended pursuant to paragraph
934	(b) subparagraph 2., or is expired for at least 1 year, or
935	longer is considered, upon reapplication for a license, an
936	initial applicant and must submit proof of successful completion
937	of 40 hours of professional training at a school or training
938	facility licensed by the department as provided prescribed in
939	paragraph (a) before a license is will be issued. Any person
940	whose license was issued before January 1, 2007, and whose
941	license has been expired for less than 1 year must, upon
942	reapplication for a license, submit documentation of completion
943	of the total number of hours of training prescribed by law at
944	the time her or his initial license was issued before another
945	license will be issued. This subsection does not require an
946	individual licensed before January 1, 2007, to complete
947	additional training hours in order to renew an active license,
948	beyond the required total amount of training within the
949	timeframe prescribed by law at the time she or he was licensed.
950	Section 23.  Subsection (2) of section 493.6304, Florida
951	Statutes, is amended to read:
952	493.6304  Security officer school or training facility.--
953	(2)  The application shall be signed and verified by the
954	applicant under oath as provided in s. 92.525 notarized and
955	shall contain, at a minimum, the following information:
956	(a)  The name and address of the school or training
957	facility and, if the applicant is an individual, her or his
958	name, address, and social security or alien registration number.
959	(b)  The street address of the place at which the training
960	is to be conducted.
961	(c)  A copy of the training curriculum and final
962	examination to be administered.
963	Section 24.  Subsections (7) and (8) of section 493.6401,
964	Florida Statutes, are amended to read:
965	493.6401  Classes of licenses.--
966	(7)  Any person who operates a recovery agent repossessor
967	school or training facility or who conducts an Internet-based
968	training course or a correspondence training course must have a
969	Class "RS" license.
970	(8)  Any individual who teaches or instructs at a Class
971	"RS" recovery agent repossessor school or training facility
972	shall have a Class "RI" license.
973	Section 25.  Paragraphs (f) and (g) of subsection (1) and
974	subsection (3) of section 493.6402, Florida Statutes, are
975	amended to read:
976	493.6402  Fees.--
977	(1)  The department shall establish by rule biennial
978	license fees which shall not exceed the following:
979	(f)  Class "RS" license--recovery agent repossessor school
980	or training facility: $60.
981	(g)  Class "RI" license--recovery agent repossessor school
982	or training facility instructor: $60.
983	(3)  The fees set forth in this section must be paid by
984	certified check or money order, or, at the discretion of the
985	department, by agency check at the time the application is
986	approved, except that the applicant for a Class "E," Class "EE,"
987	or Class "MR" license must pay the license fee at the time the
988	application is made. If a license is revoked or denied, or if an
989	application is withdrawn, the license fee shall not be refunded.
990	Section 26.  Subsections (1) and (2) of section 493.6406,
991	Florida Statutes, are amended to read:
992	493.6406  Recovery agent Repossession services school or
993	training facility.--
994	(1)  Any school, training facility, or instructor who
995	offers the training outlined in s. 493.6403(2) for Class "E" or
996	Class "EE" applicants shall, before licensure of such school,
997	training facility, or instructor, file with the department an
998	application accompanied by an application fee in an amount to be
999	determined by rule, not to exceed $60. The fee shall not be
1000	refundable. This training may be offered as face-to-face
1001	training, Internet-based training, or correspondence training.
1002	(2)  The application shall be signed and verified by the
1003	applicant under oath as provided in s. 92.525 notarized and
1004	shall contain, at a minimum, the following information:
1005	(a)  The name and address of the school or training
1006	facility and, if the applicant is an individual, his or her
1007	name, address, and social security or alien registration number.
1008	(b)  The street address of the place at which the training
1009	is to be conducted or the street address of the Class "RS"
1010	school offering Internet-based or correspondence training.
1011	(c)  A copy of the training curriculum and final
1012	examination to be administered.
1013	Section 27.  Paragraph (n) of subsection (1) of section
1014	500.03, Florida Statutes, is amended to read:
1015	500.03  Definitions; construction; applicability.--
1016	(1)  For the purpose of this chapter, the term:
1017	(n)  "Food establishment" means any factory, food outlet,
1018	or any other facility manufacturing, processing, packing,
1019	holding, or preparing food, or selling food at wholesale or
1020	retail. The term does not include any business or activity that
1021	is regulated under chapter 509 or chapter 601. The term includes
1022	tomato packinghouses and repackers but does not include any
1023	other establishments that pack fruits and vegetables in their
1024	raw or natural states, including those fruits or vegetables that
1025	are washed, colored, or otherwise treated in their unpeeled,
1026	natural form before they are marketed.
1027	Section 28.  Section 500.70, Florida Statutes, is created
1028	to read:
1029	500.70  Tomato food safety standards; inspections;
1030	penalties; tomato good agricultural practices; tomato best
1031	management practices.--
1032	(1)  As used in this section, the term:
1033	(a)  "Field packing" means the packing of tomatoes on a
1034	tomato farm or in a tomato greenhouse into containers for sale
1035	for human consumption without transporting the tomatoes to a
1036	packinghouse.
1037	(b)  "Packing" or "repacking" means the packing of tomatoes
1038	into containers for sale for human consumption. The term
1039	includes the sorting or separating of tomatoes into grades and
1040	sizes. The term also includes field packing.
1041	(c)  "Producing" means the planting, growing, or
1042	cultivating of tomatoes on a tomato farm or in a tomato
1043	greenhouse for sale for human consumption.
1044	(2)  The department may adopt rules establishing food
1045	safety standards to safeguard the public health and promote the
1046	public welfare by protecting the consuming public from injury
1047	caused by the adulteration or the microbiological, chemical, or
1048	radiological contamination of tomatoes. The rules must be based
1049	on federal requirements, available scientific research,
1050	generally accepted industry practice, and recommendations of
1051	food safety professionals. The rules shall apply to the
1052	producing, harvesting, packing, and repacking of tomatoes for
1053	sale for human consumption by a tomato farm, tomato greenhouse,
1054	or tomato packinghouse or repacker in this state. The rules may
1055	include, but are not limited to, standards for:
1056	(a)  Registration with the department of a person who
1057	produces, harvests, packs, or repacks tomatoes in this state who
1058	does not hold a food permit issued under s. 500.12.
1059	(b)  Proximity of domestic animals and livestock to the
1060	production areas for tomatoes.
1061	(c)  Food safety related use of water for irrigation during
1062	production and washing of tomatoes after harvest.
1063	(d)  Use of fertilizers.
1064	(e)  Cleaning and sanitation of containers, materials,
1065	equipment, vehicles, and facilities, including storage and
1066	ripening areas.
1067	(f)  Health, hygiene, and sanitation of employees who
1068	handle tomatoes.
1069	(g)  Training and continuing education of a person who
1070	produces, harvests, packs, or repacks tomatoes in this state,
1071	and the person's employees who handle tomatoes.
1072	(h)  Labeling and recordkeeping, including standards for
1073	identifying and tracing tomatoes for sale for human consumption.
1074	(3)(a)  The department may inspect tomato farms, tomato
1075	greenhouses, tomato packinghouses, repacking locations, or any
1076	vehicle being used to transport or hold tomatoes to ensure
1077	compliance with the applicable provisions of this chapter, and
1078	the rules adopted under this chapter.
1079	(b)  The department may impose an administrative fine not
1080	to exceed $5,000 per violation, or issue a written notice or
1081	warning under s. 500.179, against a person who violates any
1082	applicable provision of this chapter, or any rule adopted under
1083	this chapter.
1084	(4)(a)  The department may adopt rules establishing tomato
1085	good agricultural practices and tomato best management practices
1086	as guidance for the state's tomato industry based on applicable
1087	federal requirements, available scientific research, generally
1088	accepted industry practices, and recommendations of food safety
1089	professionals.
1090	(b)  A person who documents compliance with the
1091	department's rules, tomato good agricultural practices, and
1092	tomato best management practices is presumed to introduce
1093	tomatoes into the stream of commerce that are safe for human
1094	consumption, unless the department identifies noncompliance
1095	through inspections.
1096	(5)  The department may adopt rules pursuant to ss.
1097	120.536(1) and 120.54 to administer this section.
1098	Section 29.  Paragraph (a) of subsection (2) of section
1099	501.605, Florida Statutes, is amended to read:
1100	501.605  Licensure of commercial telephone sellers.--
1101	(2)  An applicant for a license as a commercial telephone
1102	seller must submit to the department, in such form as it
1103	prescribes, a written application for the license. The
1104	application must set forth the following information:
1105	(a)  The true name, date of birth, driver's license number,
1106	social security number, and home address of the applicant,
1107	including each name under which he or she intends to do
1108	business.
1109
1110	The application shall be accompanied by a copy of any: Script,
1111	outline, or presentation the applicant will require or suggest a
1112	salesperson to use when soliciting, or, if no such document is
1113	used, a statement to that effect; sales information or
1114	literature to be provided by the applicant to a salesperson; and
1115	sales information or literature to be provided by the applicant
1116	to a purchaser in connection with any solicitation.
1117	Section 30.  Paragraph (a) of subsection (1) of section
1118	501.607, Florida Statutes, is amended to read:
1119	501.607  Licensure of salespersons.--
1120	(1)  An applicant for a license as a salesperson must
1121	submit to the department, in such form as it prescribes, a
1122	written application for a license. The application must set
1123	forth the following information:
1124	(a)  The true name, date of birth, driver's license number,
1125	social security number, and home address of the applicant.
1126	Section 31.  Subsection (2) of section 501.913, Florida
1127	Statutes, is amended to read:
1128	501.913  Registration.--
1129	(2)  The completed application shall be accompanied by:
1130	(a)  Specimens or facsimiles of the label for each brand of
1131	antifreeze;
1132	(b)  An application fee of $200 for each brand; and
1133	(c)  A properly labeled sample of at least 1 gallon, but
1134	not more than 2 gallons, of each brand of antifreeze.
1135	Section 32.  Subsection (2) of section 525.01, Florida
1136	Statutes, is amended to read:
1137	525.01  Gasoline and oil to be inspected.--
1138	(2)  All petroleum fuels are shall be subject to inspection
1139	and analysis by the department. Before selling or offering for
1140	sale in this state any petroleum fuel, all manufacturers,
1141	terminal suppliers, wholesalers, and importers as defined in s.
1142	206.01 jobbers shall file with the department:
1143	(a)  An affidavit that they desire to do business in this
1144	state, and the name and address of the manufacturer of the
1145	petroleum fuel.
1146	(b)  An affidavit stating that the petroleum fuel is in
1147	conformity with the standards prescribed by department rule.
1148	Section 33.  Subsections (1) and (3) of section 525.09,
1149	Florida Statutes, are amended to read:
1150	525.09  Inspection fee.--
1151	(1)  For the purpose of defraying the expenses incident to
1152	inspecting, testing, and analyzing petroleum fuels in this
1153	state, there shall be paid to the department a charge of one-
1154	eighth cent per gallon on all gasoline, alternative fuel
1155	containing alcohol as described in s. 525.01(1)(c)1. or 2.,
1156	kerosene (except when used as aviation turbine fuel), and #1
1157	fuel oil for sale or use in this state. This inspection fee
1158	shall be imposed in the same manner as the motor fuel tax
1159	pursuant to s. 206.41. Payment shall be made on or before the
1160	25th day of each month.
1161	(3)  All remittances to the department for the inspection
1162	tax herein provided shall be accompanied by a detailed report
1163	under oath showing the number of gallons of gasoline,
1164	alternative fuel containing alcohol, kerosene, or fuel oil sold
1165	and delivered in each county.
1166	Section 34.  Section 526.50, Florida Statutes, is amended
1167	to read:
1168	526.50  Definition of terms.--As used in this part:
1169	(1)  "Brake fluid" means the fluid intended for use as the
1170	liquid medium through which force is transmitted in the
1171	hydraulic brake system of a vehicle operated upon the highways.
1172	(2)  "Brand" means the product name appearing on the label
1173	of a container of brake fluid.
1174	(3)(5)  "Container" means any receptacle in which brake
1175	fluid is immediately contained when sold, but does not mean a
1176	carton or wrapping in which a number of such receptacles are
1177	shipped or stored or a tank car or truck.
1178	(4)(2)  "Department" means the Department of Agriculture
1179	and Consumer Services.
1180	(5)  "Formula" means the name of the chemical mixture or
1181	composition of the brake fluid product.
1182	(6)(4)  "Labeling" includes all written, printed or graphic
1183	representations, in any form whatsoever, imprinted upon or
1184	affixed to any container of brake fluid.
1185	(7)(6)  "Permit year" means a period of 12 months
1186	commencing July 1 and ending on the next succeeding June 30.
1187	(8)(7)  "Registrant" means any manufacturer, packer,
1188	distributor, seller, or other person who has registered a brake
1189	fluid with the department.
1190	(9)(3)  "Sell" includes give, distribute, barter, exchange,
1191	trade, keep for sale, offer for sale or expose for sale, in any
1192	of their variant forms.
1193	Section 35.  Subsections (1) and (3) of section 526.51,
1194	Florida Statutes, are amended to read:
1195	526.51  Registration; renewal and fees; departmental
1196	expenses; cancellation or refusal to issue or renew.--
1197	(1)(a)  Application for registration of each brand of brake
1198	fluid shall be made on forms to be supplied by the department.
1199	The applicant shall give his or her name and address and the
1200	brand name of the brake fluid, state that he or she owns the
1201	brand name and has complete control over the product sold
1202	thereunder in Florida, and provide the name and address of the
1203	resident agent in Florida. If the applicant does not own the
1204	brand name but wishes to register the product with the
1205	department, a notarized affidavit that gives the applicant full
1206	authorization to register the brand name and that is signed by
1207	the owner of the brand name must accompany the application for
1208	registration. The affidavit must include all affected brand
1209	names, the owner's company or corporate name and address, the
1210	applicant's company or corporate name and address, and a
1211	statement from the owner authorizing the applicant to register
1212	the product with the department. The owner of the brand name
1213	shall maintain complete control over each product sold under
1214	that brand name in this state. All first-time, brand-formula
1215	combination new product applications must be accompanied by a
1216	certified report from an independent testing laboratory, setting
1217	forth the analysis of the brake fluid which shall show its
1218	quality to be not less than the specifications established by
1219	the department for brake fluids. A sample of not less than 24
1220	fluid ounces of brake fluid shall be submitted, in a container
1221	or containers, with labels representing exactly how the
1222	containers of brake fluid will be labeled when sold, and the
1223	sample and container shall be analyzed and inspected by the
1224	Division of Standards in order that compliance with the
1225	department's specifications and labeling requirements may be
1226	verified. Upon approval of the application, the department shall
1227	register the brand name of the brake fluid and issue to the
1228	applicant a permit authorizing the registrant to sell the brake
1229	fluid in this state during the permit year specified in the
1230	permit.
1231	(b)  Each applicant shall pay a fee of $100 with each
1232	application. An applicant seeking reregistration of a previously
1233	registered brand-formula combination must submit a completed
1234	application and all materials required under this subsection to
1235	the department before the first day of the permit year. A brand-
1236	formula combination for which a completed application and all
1237	materials required under this subsection are not received before
1238	the first day of the permit year ceases to be registered with
1239	the department until a completed application and all materials
1240	required under this subsection are received and approved. Any
1241	fee, application, or materials received after the first day of
1242	the permit year, if the brand-formula combination was previously
1243	registered with the department, A permit may be renewed by
1244	application to the department, accompanied by a renewal fee of
1245	$50 on or before the last day of the permit year immediately
1246	preceding the permit year for which application is made for
1247	renewal of registration. To any fee not paid when due, there
1248	shall accrue a penalty of $25, which shall be added to the
1249	renewal fee. Renewals will be accepted only on brake fluids that
1250	have no change in formula, composition, or brand name. Any
1251	change in formula, composition, or brand name of any brake fluid
1252	constitutes a new product that must be registered in accordance
1253	with this part.
1254	(3)  The department may cancel or, refuse to issue or
1255	refuse to renew any registration and permit after due notice and
1256	opportunity to be heard if it finds that the brake fluid is
1257	adulterated or misbranded or that the registrant has failed to
1258	comply with the provisions of this part or the rules and
1259	regulations promulgated thereunder.
1260	Section 36.  Paragraph (a) of subsection (3) of section
1261	526.52, Florida Statutes, is amended to read:
1262	526.52  Specifications; adulteration and misbranding.--
1263	(3)  Brake fluid is deemed to be misbranded:
1264	(a)  If its container does not bear on its side or top a
1265	label on which is printed the name and place of business of the
1266	registrant of the product, the words "brake fluid," and a
1267	statement that the product therein equals or exceeds the minimum
1268	specification of the Society of Automotive Engineers for heavy-
1269	duty-type brake fluid or equals or exceeds Federal Motor Vehicle
1270	Safety Standard No. 116 adopted by the United States Department
1271	of Transportation, heavy-duty-type. By regulation the department
1272	may require that the duty-type classification appear on the
1273	label.
1274	Section 37.  Subsection (2) of section 526.53, Florida
1275	Statutes, is amended to read:
1276	526.53  Enforcement; inspection and analysis, stop-sale and
1277	disposition, regulations.--
1278	(2)(a)  When any brake fluid is sold in violation of any of
1279	the provisions of this part, all such affected brake fluid of
1280	the same brand name on the same premises on which the violation
1281	occurred shall be placed under a stop-sale order by the
1282	department by serving the owner of the brand name, distributor,
1283	or other entity responsible for selling or distributing the
1284	product in the state with the stop-sale order. The department
1285	shall withdraw its stop-sale order upon the removal of the
1286	violation or upon voluntary destruction of the product, or other
1287	disposal approved by the department, under the supervision of
1288	the department.
1289	(b)  In addition to being subject to the stop-sale
1290	procedures above, unregistered brake fluid shall be held by the
1291	department or its representative, at a place to be designated in
1292	the stop-sale order, until properly registered and released in
1293	writing by the department or its representative. If application
1294	is has not been made for registration of the such product within
1295	30 days after issue of the stop-sale order, such product shall
1296	be disposed of by the department, or, with the department's
1297	consent, by the business, to any tax-supported institution or
1298	agency of the state if the brake fluid meets legal
1299	specifications or by other disposal authorized by rule of the
1300	department if it fails to meet legal specifications.
1301	Section 38.  Subsections (2) and (5) of section 527.02,
1302	Florida Statutes, are amended to read:
1303	527.02  License; penalty; fees.--
1304	(2)  Each business location of a person having multiple
1305	locations shall be separately licensed and must meet the
1306	requirements of this section. Such license shall be granted to
1307	any applicant determined by the department to be competent,
1308	qualified, and trustworthy who files with the department a
1309	surety bond, insurance affidavit, or other proof of insurance,
1310	as hereinafter specified, and pays for such license the
1311	following original application fee for new licenses and annual
1312	renewal fees for existing licenses:
1313
	License Category OriginalApplication Fee RenewalFee
1314
	Category I liquefied petroleumgas dealer . . . . . . . . . . . . $600 $525 $500 $425
1315
	Category II liquefied petroleumgas dispenser . . . . . . . . . . . . 525 425 375
1316
	Category III liquefied petroleumgas cylinder exchange unitoperator . . . . . . . . . . . . 125 100 75 65
1317
	Category IV liquefied petroleum gas dispenser and recreational vehicle servicer . . . . . . . . . . . . 525 425 400
1318
	Category V liquefied petroleumpetroleum gases dealer for industrial uses only . . . . . . . . . . . . 350 300 275 200
1319
	LP gasinstaller . . . . . . . . . . . . 400 300 300 200
1320
	Specialtyinstaller . . . . . . . . . . . . 300 250 200
1321
	Dealer in appliances and equipmentfor use of liquefied petroleumgas . . . . . . . . . . . . 50 45
1322
	Manufacturer of liquefiedpetroleum gas appliances andequipment . . . . . . . . . . . . 525 425 375
1323
	Requalifier ofcylinders . . . . . . . . . . . . 525 425 375
1324
	Fabricator, repairer, andTester of vehicles and cargotanks . . . . . . . . . . . . 525 425 375
1325
1326	(5)  The license fee for a pipeline system operator shall
1327	be $350 $100 per system owned or operated by the person, not to
1328	exceed $400 per license year. Such license fee applies only to a
1329	pipeline system operator who owns or operates a liquefied
1330	petroleum gas pipeline system that is used to transmit liquefied
1331	petroleum gas from a common source to the ultimate customer and
1332	that serves 10 or more customers. The license shall be renewed
1333	each year at a fee of $275 per year.
1334	Section 39.  Subsections (1) and (3) and paragraphs (a) and
1335	(c) of subsection (5) of section 527.0201, Florida Statutes, are
1336	amended to read:
1337	527.0201  Qualifiers; master qualifiers; examinations.--
1338	(1)  In addition to the requirements of s. 527.02, any
1339	person applying for a license to engage in the activities of a
1340	pipeline system operator, category I liquefied petroleum gas
1341	dealer, category II liquefied petroleum gas dispenser, category
1342	IV liquefied petroleum gas dispenser and recreational vehicle
1343	servicer, category V liquefied petroleum gases dealer for
1344	industrial uses only, LP gas installer, specialty installer,
1345	requalifier requalification of cylinders, or fabricator,
1346	repairer, and tester of vehicles and cargo tanks must prove
1347	competency by passing a written examination administered by the
1348	department or its agent with a grade of at least 75 percent in
1349	each area tested or above. Each applicant for examination shall
1350	submit a $30 $20 nonrefundable fee. The department shall by rule
1351	specify the general areas of competency to be covered by each
1352	examination and the relative weight to be assigned in grading
1353	each area tested.
1354	(3)  Qualifier cards issued to category I liquefied
1355	petroleum gas dealers and liquefied petroleum gas installers
1356	shall expire 3 years after the date of issuance. All category I
1357	liquefied petroleum gas dealer qualifiers and liquefied
1358	petroleum gas installer qualifiers holding a valid qualifier
1359	card upon the effective date of this act shall retain their
1360	qualifier status until July 1, 2003, and may sit for the master
1361	qualifier examination at any time during that time period. All
1362	such category I liquefied petroleum gas dealer qualifiers and
1363	liquefied petroleum gas installer qualifiers may renew their
1364	qualification on or before July 1, 2003, upon application to the
1365	department, payment of a $20 renewal fee, and documentation of
1366	the completion of a minimum of 16 12 hours of approved
1367	continuing education courses, as defined by department rule,
1368	during the previous 3-year period. Applications for renewal must
1369	be made 30 calendar days prior to expiration. Persons failing to
1370	renew prior to the expiration date must reapply and take a
1371	qualifier competency examination in order to reestablish
1372	category I liquefied petroleum gas dealer qualifier and
1373	liquefied petroleum gas installer qualifier status. If a
1374	category I liquefied petroleum gas qualifier or liquefied
1375	petroleum gas installer qualifier becomes a master qualifier at
1376	any time during the effective date of the qualifier card, the
1377	card shall remain in effect until expiration of the master
1378	qualifier certification.
1379	(5)  In addition to all other licensing requirements, each
1380	category I liquefied petroleum gas dealer and liquefied
1381	petroleum gas installer must, at the time of application for
1382	licensure, identify to the department one master qualifier who
1383	is a full-time employee at the licensed location. This person
1384	shall be a manager, owner, or otherwise primarily responsible
1385	for overseeing the operations of the licensed location and must
1386	provide documentation to the department as provided by rule. The
1387	master qualifier requirement shall be in addition to the
1388	requirements of subsection (1).
1389	(a)  In order to apply for certification as a master
1390	qualifier, each applicant must be a category I liquefied
1391	petroleum gas dealer qualifier or liquefied petroleum gas
1392	installer qualifier, must be employed by a licensed category I
1393	liquefied petroleum gas dealer, liquefied petroleum gas
1394	installer, or applicant for such license, must provide
1395	documentation of a minimum of 1 year's work experience in the
1396	gas industry, and must pass a master qualifier competency
1397	examination. Master qualifier examinations shall be based on
1398	Florida's laws, rules, and adopted codes governing liquefied
1399	petroleum gas safety, general industry safety standards, and
1400	administrative procedures. The examination must be successfully
1401	passed completed by the applicant with a grade of at least 75
1402	percent or more. Each applicant for master qualifier status
1403	shall submit to the department a nonrefundable $50 $30
1404	examination fee prior to the examination.
1405	(c)  Master qualifier status shall expire 3 years after the
1406	date of issuance of the certificate and may be renewed by
1407	submission to the department of documentation of completion of
1408	at least 16 12 hours of approved continuing education courses
1409	during the 3-year period; proof of employment with a licensed
1410	category I liquefied petroleum gas dealer, liquefied petroleum
1411	gas installer, or applicant; and a $30 certificate renewal fee.
1412	The department shall define, by rule, approved courses of
1413	continuing education.
1414	Section 40.  Subsection (4) of section 527.021, Florida
1415	Statutes, is amended to read:
1416	527.021  Registration of transport vehicles.--
1417	(4)  An inspection fee of $75 $50 shall be assessed for
1418	each registered vehicle inspected by the department pursuant to
1419	s. 527.061. Registered vehicles shall be inspected annually. All
1420	inspection fees collected in connection with this section shall
1421	be deposited in the General Inspection Trust Fund for the
1422	purpose of administering the provisions of this chapter.
1423	Section 41.  Section 527.12, Florida Statutes, is amended
1424	to read:
1425	527.12  Cease and desist orders; stop-use orders; stop-
1426	operation orders; stop-sale orders; administrative fines.--
1427	(1)  Whenever the department has shall have reason to
1428	believe that any person is or has violated been violating
1429	provisions of this chapter or any rules adopted under this
1430	chapter pursuant thereto, the department it may issue a cease
1431	and desist order, or impose a civil penalty, or do both may
1432	issue such cease and desist order and impose a civil penalty.
1433	(2)  Whenever a person or liquefied petroleum gas system or
1434	storage facility, or any part or component thereof, fails to
1435	comply with this chapter or any rules adopted under this
1436	chapter, the department may issue a stop-use order, stop-
1437	operation order, or stop-sale order.
1438	Section 42.  Subsection (1) of section 559.805, Florida
1439	Statutes, is amended to read:
1440	559.805  Filings with the department; disclosure of
1441	advertisement identification number.--
1442	(1)  Every seller of a business opportunity shall annually
1443	file with the department a copy of the disclosure statement
1444	required by s. 559.803 before prior to placing an advertisement
1445	or making any other representation designed to offer to, sell
1446	to, or solicit an offer to buy a business opportunity from a
1447	prospective purchaser in this state and shall update this filing
1448	by reporting any material change in the required information
1449	within 30 days after the material change occurs. An
1450	advertisement is not placed in the state merely because the
1451	publisher circulates, or there is circulated on his or her
1452	behalf in the state, any bona fide newspaper or other
1453	publication of general, regular, and paid circulation which has
1454	had more than two-thirds of its circulation during the past 12
1455	months outside the state or because a radio or television
1456	program originating outside the state is received in the state.
1457	If the seller is required by s. 559.807 to provide a bond or
1458	establish a trust account or guaranteed letter of credit, he or
1459	she shall contemporaneously file with the department a copy of
1460	the bond, a copy of the formal notification by the depository
1461	that the trust account is established, or a copy of the
1462	guaranteed letter of credit. Every seller of a business
1463	opportunity shall file with the department a list of independent
1464	agents who will engage in the offer or sale of business
1465	opportunities on behalf of the seller in this state. This list
1466	must be kept current and shall include the following
1467	information: name, home and business address, telephone number,
1468	present employer, social security number, and birth date. A No
1469	person may not shall be allowed to offer or sell business
1470	opportunities unless the required information is has been
1471	provided to the department.
1472	Section 43.  Subsection (3) of section 559.928, Florida
1473	Statutes, is amended to read:
1474	559.928  Registration.--
1475	(3)  Each independent agent shall annually file an
1476	affidavit with the department before prior to engaging in
1477	business in this state. This affidavit must include the
1478	independent agent's full name, legal business or trade name,
1479	mailing address, business address, telephone number, social
1480	security number, and the name or names and addresses of each
1481	seller of travel represented by the independent agent. A letter
1482	evidencing proof of filing must be issued by the department and
1483	must be prominently displayed in the independent agent's primary
1484	place of business. Each independent agent must also submit an
1485	annual registration fee of $50. All moneys collected pursuant to
1486	the imposition of the fee shall be deposited by the Chief
1487	Financial Officer into the General Inspection Trust Fund of the
1488	Department of Agriculture and Consumer Services for the sole
1489	purpose of administrating this part. As used in this subsection,
1490	the term "independent agent" means a person who represents a
1491	seller of travel by soliciting persons on its behalf; who has a
1492	written contract with a seller of travel which is operating in
1493	compliance with this part and any rules adopted thereunder; who
1494	does not receive a fee, commission, or other valuable
1495	consideration directly from the purchaser for the seller of
1496	travel; who does not at any time have any unissued ticket stock
1497	or travel documents in his or her possession; and who does not
1498	have the ability to issue tickets, vacation certificates, or any
1499	other travel document. The term "independent agent" does not
1500	include an affiliate of the seller of travel, as that term is
1501	used in s. 559.935(3), or the employees of the seller of travel
1502	or of such affiliates.
1503	Section 44.  Subsection (10) of section 570.07, Florida
1504	Statutes, is amended to read:
1505	570.07  Department of Agriculture and Consumer Services;
1506	functions, powers, and duties.--The department shall have and
1507	exercise the following functions, powers, and duties:
1508	(10)  To act as adviser to producers and distributors, when
1509	requested, and to assist them in the economical and efficient
1510	distribution of their agricultural products, and to encourage
1511	cooperative effort among producers to gain economical and
1512	efficient production of agricultural products, and to adopt
1513	rules establishing comprehensive best management practices for
1514	agricultural production and food safety.
1515	Section 45.  Subsection (7) of section 570.0725, Florida
1516	Statutes, is amended to read:
1517	570.0725  Food recovery; legislative intent; department
1518	functions.--
1519	(7)  For public information purposes, the department may
1520	shall develop and provide a public information brochure
1521	detailing the need for food banks and similar of food recovery
1522	programs, the benefit of such food recovery programs, the manner
1523	in which such organizations may become involved in such food
1524	recovery programs, and the protection afforded to such programs
1525	under s. 768.136, and the food recovery entities or food banks
1526	that exist in the state. This brochure must be updated annually.
1527	A food bank or similar food recovery organization seeking to be
1528	included on a list of such organizations must notify the
1529	department and provide the required information. Such
1530	organizations are responsible for updating the information and
1531	providing the updated information to the department.
1532	Section 46.  Paragraph (e) of subsection (2) of section
1533	570.48, Florida Statutes, is amended to read:
1534	570.48  Division of Fruit and Vegetables; powers and
1535	duties; records.--The duties of the Division of Fruit and
1536	Vegetables include, but are not limited to:
1537	(2)
1538	(e)  Performing tomato food safety inspections under s.
1539	500.70 on tomato farms, in tomato greenhouses, and in tomato
1540	packinghouses and repackers.
1541	Section 47.  Paragraph (e) of subsection (6) of section
1542	570.53, Florida Statutes, is amended to read:
1543	570.53  Division of Marketing and Development; powers and
1544	duties.--The powers and duties of the Division of Marketing and
1545	Development include, but are not limited to:
1546	(6)
1547	(e)  Extending in every practicable way the distribution
1548	and sale of Florida agricultural products throughout the markets
1549	of the world as required of the department by s. ss. 570.07(7),
1550	(8), (10), and (11) and 570.071 and chapters 571, 573, and 574.
1551	Section 48.  Subsection (2) of section 570.54, Florida
1552	Statutes, is amended to read:
1553	570.54  Director; duties.--
1554	(2)  It shall be the duty of the director of this division
1555	to supervise, direct, and coordinate the activities authorized
1556	by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and
1557	(20), 570.071, 570.21, 534.47-534.53, and 604.15-604.34 and
1558	chapters 504, 571, 573, and 574 and to exercise other powers and
1559	authority as authorized by the department.
1560	Section 49.  Subsection (4) of section 570.55, Florida
1561	Statutes, is amended to read:
1562	570.55  Identification of sellers or handlers of tropical
1563	or subtropical fruit and vegetables; containers specified;
1564	penalties.--
1565	(4)  IDENTIFICATION OF HANDLER.--At the time of each
1566	transaction involving the handling or sale of 55 pounds or more
1567	of tropical or subtropical fruit or vegetables in the primary
1568	channel of trade, the buyer or receiver of the tropical or
1569	subtropical fruit or vegetables shall demand a bill of sale,
1570	invoice, sales memorandum, or other document listing the date of
1571	the transaction, the quantity of the tropical or subtropical
1572	fruit or vegetables involved in the transaction, and the
1573	identification of the seller or handler as it appears on the
1574	driver's license of the seller or handler, including the
1575	driver's license number. If the seller or handler does not
1576	possess a driver's license, the buyer or receiver shall use any
1577	other acceptable means of identification, which may include, but
1578	is not limited to, i.e., voter's registration card and number,
1579	draft card, social security card, or other identification.
1580	However, no less than two identification documents shall be
1581	used. The identification of the seller or handler shall be
1582	recorded on the bill of sale, sales memorandum, invoice, or
1583	voucher, which shall be retained by the buyer or receiver for a
1584	period of not less than 1 year from the date of the transaction.
1585	Section 50.  Subsection (3) of section 570.902, Florida
1586	Statutes, is amended to read:
1587	570.902  Definitions; ss. 570.902 and 570.903.--For the
1588	purpose of ss. 570.902 and 570.903:
1589	(3)  "Museum" means the Florida Agricultural Museum which
1590	is designated as the museum for agriculture and rural history of
1591	the State of Florida.
1592	Section 51.  Section 570.903, Florida Statutes, is amended
1593	to read:
1594	570.903  Direct-support organization.--
1595	(1)  When the Legislature authorizes the establishment of a
1596	direct-support organization to provide assistance for the
1597	museums, the Florida Agriculture in the Classroom Program, the
1598	Florida State Collection of Arthropods, the Friends of the
1599	Florida State Forests Program of the Division of Forestry, and
1600	the Forestry Arson Alert Program, and other programs of the
1601	department, the following provisions shall govern the creation,
1602	use, powers, and duties of the direct-support organization.
1603	(a)  The department shall enter into a memorandum or letter
1604	of agreement with the direct-support organization, which shall
1605	specify the approval of the department, the powers and duties of
1606	the direct-support organization, and rules with which the
1607	direct-support organization shall comply.
1608	(b)  The department may permit, without charge, appropriate
1609	use of property, facilities, and personnel of the department by
1610	a direct-support organization, subject to the provisions of ss.
1611	570.902 and 570.903. The use shall be directly in keeping with
1612	the approved purposes of the direct-support organization and
1613	shall not be made at times or places that would unreasonably
1614	interfere with opportunities for the general public to use
1615	department facilities for established purposes.
1616	(c)  The department shall prescribe by contract or by rule
1617	conditions with which a direct-support organization shall comply
1618	in order to use property, facilities, or personnel of the
1619	department or museum. Such rules shall provide for budget and
1620	audit review and oversight by the department.
1621	(d)  The department shall not permit the use of property,
1622	facilities, or personnel of the museum, department, or
1623	designated program by a direct-support organization which does
1624	not provide equal employment opportunities to all persons
1625	regardless of race, color, religion, sex, age, or national
1626	origin.
1627	(2)(a)  The direct-support organization shall be empowered
1628	to conduct programs and activities; raise funds; request and
1629	receive grants, gifts, and bequests of money; acquire, receive,
1630	hold, invest, and administer, in its own name, securities,
1631	funds, objects of value, or other property, real or personal;
1632	and make expenditures to or for the direct or indirect benefit
1633	of the museum or designated program.
1634	(b)  Notwithstanding the provisions of s. 287.057, the
1635	direct-support organization may enter into contracts or
1636	agreements with or without competitive bidding for the
1637	restoration of objects, historical buildings, and other
1638	historical materials or for the purchase of objects, historical
1639	buildings, and other historical materials which are to be added
1640	to the collections of the museum, or benefit of the designated
1641	program. However, before the direct-support organization may
1642	enter into a contract or agreement without competitive bidding,
1643	the direct-support organization shall file a certification of
1644	conditions and circumstances with the internal auditor of the
1645	department justifying each contract or agreement.
1646	(c)  Notwithstanding the provisions of s. 287.025(1)(e),
1647	the direct-support organization may enter into contracts to
1648	insure property of the museum or designated programs and may
1649	insure objects or collections on loan from others in satisfying
1650	security terms of the lender.
1651	(3)  The direct-support organization shall provide for an
1652	annual financial audit in accordance with s. 215.981.
1653	(4)  Neither a designated program or a museum, nor a
1654	nonprofit corporation trustee or employee may:
1655	(a)  Receive a commission, fee, or financial benefit in
1656	connection with the sale or exchange of property historical
1657	objects or properties to the direct-support organization, the
1658	museum, or the designated program; or
1659	(b)  Be a business associate of any individual, firm, or
1660	organization involved in the sale or exchange of property to the
1661	direct-support organization, the museum, or the designated
1662	program.
1663	(5)  All moneys received by the direct-support organization
1664	shall be deposited into an account of the direct-support
1665	organization and shall be used by the organization in a manner
1666	consistent with the goals of the museum or designated program.
1667	(6)  The identity of a donor or prospective donor who
1668	desires to remain anonymous and all information identifying such
1669	donor or prospective donor are confidential and exempt from the
1670	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1671	Constitution.
1672	(7)  The Commissioner of Agriculture, or the commissioner's
1673	designee, may serve on the board of trustees and the executive
1674	committee of any direct-support organization established to
1675	benefit the museum or any designated program.
1676	(8)  The department shall establish by rule archival
1677	procedures relating to museum artifacts and records. The rules
1678	shall provide procedures which protect the museum's artifacts
1679	and records equivalent to those procedures which have been
1680	established by the Department of State under chapters 257 and
1681	267.
1682	Section 52.  Subsections (18) through (30) of section
1683	581.011, Florida Statutes, are renumbered as subsections (17)
1684	through (29), respectively, and present subsections (17) and
1685	(20) of that section are amended to read:
1686	581.011  Definitions.--As used in this chapter:
1687	(17)  "Museum" means the Florida State Collection of
1688	Arthropods.
1689	(19)(20)  "Nursery" means any grounds or premises on or in
1690	which nursery stock is grown, propagated, or held for sale or
1691	distribution, including except where aquatic plant species are
1692	tended for harvest in the natural environment.
1693	Section 53.  Paragraph (d) of subsection (14) of section
1694	581.031, Florida Statutes, is amended to read:
1695	581.031  Department; powers and duties.--The department has
1696	the following powers and duties:
1697	(14)
1698	(d)  To prescribe a fee for these services, if provided the
1699	fee does not exceed the cost of the services rendered. Annual
1700	citrus source tree registration fees shall not exceed $15 $5 per
1701	tree. If the fee has not been paid within 30 days of billing, a
1702	penalty of $10 or 20 percent of the unpaid balance, whichever is
1703	greater, shall be assessed.
1704	Section 54.  Subsection (6) of section 581.131, Florida
1705	Statutes, is amended to read:
1706	581.131  Certificate of registration.--
1707	(6)  Neither the certificate of registration fee nor the
1708	annual renewal fee shall exceed $600 $460. The department may
1709	exempt from the payment of a certificate fee those governmental
1710	agency nurseries whose nursery stock is used exclusively for
1711	planting on their own property.
1712	Section 55.  Paragraph (a) of subsection (3) of section
1713	581.211, Florida Statutes, is amended to read:
1714	581.211  Penalties for violations.--
1715	(3)(a)1.  In addition to any other provision of law, the
1716	department may, after notice and hearing, impose an
1717	administrative fine not exceeding $10,000 $5,000 for each
1718	violation of this chapter, upon any person, nurseryman, stock
1719	dealer, agent or plant broker. The fine, when paid, shall be
1720	deposited in the Plant Industry Trust Fund. In addition, the
1721	department may place the violator on probation for up to 1 year,
1722	with conditions.
1723	2.  The imposition of a fine or probation pursuant to this
1724	subsection may be in addition to or in lieu of the suspension or
1725	revocation of a certificate of registration or certificate of
1726	inspection.
1727	Section 56.  Section 583.13, Florida Statutes, is amended
1728	to read:
1729	583.13  Labeling and advertising requirements for dressed
1730	poultry; unlawful acts.--
1731	(1)  It is unlawful for any dealer or broker to sell, offer
1732	for sale, or hold for the purpose of sale in the state any
1733	dressed or ready-to-cook poultry in bulk unless the such poultry
1734	is packed in a container clearly bearing a label, not less than
1735	3 inches by 5 inches, on which shall be plainly and legibly
1736	printed, in letters of not less than one-fourth inch 1/4 in
1737	height, the grade and the part name or whole-bird statement of
1738	such poultry. The grade may be expressed in the term "premium,"
1739	"good," or "standard," or as the grade of another state or
1740	federal agency the standards of quality of which, by law, are
1741	equal to the standards of quality provided by this law and rules
1742	promulgated hereunder.
1743	(2)  It is unlawful to sell unpackaged dressed or ready-to-
1744	cook poultry at retail unless such poultry is labeled by a
1745	placard immediately adjacent to the poultry or unless each bird
1746	is individually labeled to show the grade and the part name or
1747	whole-bird statement. The placard shall be no smaller than 7
1748	inches by 7 inches in size, and the required labeling
1749	information shall be legibly and plainly printed on the placard
1750	in letters not smaller than 1 inch in height.
1751	(3)  It is unlawful to sell packaged dressed or ready-to-
1752	cook poultry at retail unless such poultry is labeled to show
1753	the grade, the part name or whole-bird statement, the net weight
1754	of the poultry, and the name and address of the dealer. The size
1755	of the type on the label must be one-eighth inch or larger. A
1756	placard immediately adjacent to such poultry may be used to
1757	indicate the grade and the part name or whole-bird statement,
1758	but not the net weight of the poultry or the name and address of
1759	the dealer.
1760	(4)  It is unlawful to use dressed or ready-to-cook poultry
1761	in bulk in the preparation of food served to the public, or to
1762	hold such poultry for the purpose of such use, unless the
1763	poultry when received was packed in a container clearly bearing
1764	a label, not less than 3 inches by 5 inches, on which was
1765	plainly and legibly printed, in letters not less than one-fourth
1766	inch in height, the grade and the part name or whole-bird
1767	statement of such poultry. The grade may be expressed in the
1768	term "premium," "good," or "standard," or as the grade of
1769	another state or federal agency the standards of quality of
1770	which, by law, are equal to the standards of quality provided by
1771	this law and rules promulgated hereunder.
1772	(5)  It is unlawful to offer dressed or ready-to-cook
1773	poultry for sale in any advertisement in a newspaper or
1774	circular, on radio or television, or in any other form of
1775	advertising without plainly designating in such advertisement
1776	the grade and the part name or whole-bird statement of such
1777	poultry.
1778	Section 57.  Subsections (4) and (5) of section 590.125,
1779	Florida Statutes, are renumbered as subsections (5) and (6),
1780	respectively, subsection (1), paragraph (b) of subsection (3),
1781	and paragraph (c) of present subsection (4) are amended, and new
1782	subsections (4) and (7) are added to that section, to read:
1783	590.125  Open burning authorized by the division.--
1784	(1)  DEFINITIONS.--As used in this section, the term:
1785	(a)  "Certified pile burner" means an individual who
1786	successfully completes the division's pile burning certification
1787	program and possesses a valid pile burner certification number.
1788	(b)  "Certified prescribed burn manager" means an
1789	individual who successfully completes the certified prescribed
1790	burning certification program of the division and possesses a
1791	valid certification number.
1792	(c)(d)  "Extinguished" means:
1793	1.  that no spreading flame For wild land burning or
1794	certified prescribed burning, that no spreading flames exist.
1795	2.  and no visible flame, smoke, or emissions For
1796	vegetative land-clearing debris burning or pile burning, that no
1797	visible flames exist.
1798	3.  For vegetative land-clearing debris burning or pile
1799	burning in an area designated as smoke sensitive by the
1800	division, that no visible flames, smoke, or emissions exist.
1801	(d)  "Land-clearing operation" means the uprooting or
1802	clearing of vegetation in connection with the construction of
1803	buildings and rights-of-way, land development, and mineral
1804	operations. The term does not include the clearing of yard
1805	trash.
1806	(e)  "Pile burning" means the burning of silvicultural,
1807	agricultural, or land-clearing and tree-cutting debris
1808	originating onsite, which is stacked together in a round or
1809	linear fashion, including, but not limited to, a windrow.
1810	(f)(a)  "Prescribed burning" means the controlled
1811	application of fire in accordance with a written prescription
1812	for vegetative fuels under specified environmental conditions
1813	while following appropriate precautionary measures that ensure
1814	that the fire is confined to a predetermined area to accomplish
1815	the planned fire or land-management objectives.
1816	(g)(c)  "Prescription" means a written plan establishing
1817	the criteria necessary for starting, controlling, and
1818	extinguishing a prescribed burn.
1819	(h)  "Yard trash" means vegetative matter resulting from
1820	landscaping and yard maintenance operations and other such
1821	routine property cleanup activities. The term includes materials
1822	such as leaves, shrub trimmings, grass clippings, brush, and
1823	palm fronds.
1824	(3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
1825	PURPOSE.--
1826	(b)  Certified prescribed burning pertains only to
1827	broadcast burning for purposes of silviculture, wildlife
1828	management, ecological maintenance and restoration, and range
1829	and pasture management. It must be conducted in accordance with
1830	this subsection and:
1831	1.  May be accomplished only when a certified prescribed
1832	burn manager is present on site with a copy of the prescription
1833	from ignition of the burn to its completion.
1834	2.  Requires that a written prescription be prepared before
1835	receiving authorization to burn from the division.
1836	3.  Requires that the specific consent of the landowner or
1837	his or her designee be obtained before requesting an
1838	authorization.
1839	4.  Requires that an authorization to burn be obtained from
1840	the division before igniting the burn.
1841	5.  Requires that there be adequate firebreaks at the burn
1842	site and sufficient personnel and firefighting equipment for the
1843	control of the fire.
1844	6.  Is considered to be in the public interest and does not
1845	constitute a public or private nuisance when conducted under
1846	applicable state air pollution statutes and rules.
1847	7.  Is considered to be a property right of the property
1848	owner if vegetative fuels are burned as required in this
1849	subsection.
1850	(4)  CERTIFIED PILE BURNING; LEGISLATIVE FINDINGS AND
1851	PURPOSE.--
1852	(a)  Pile burning is a tool that benefits current and
1853	future generations in Florida by disposing of naturally
1854	occurring vegetative debris through burning rather than
1855	disposing of the debris in landfills.
1856	(b)  Certified pile burning pertains to the disposal of
1857	piled, naturally occurring debris from an agricultural,
1858	silvicultural, or temporary land-clearing operation. A land-
1859	clearing operation is temporary if it operates for 6 months or
1860	less. Certified pile burning must be conducted in accordance
1861	with this subsection, and:
1862	1.  A certified pile burner must ensure, before ignition,
1863	that the piles are properly placed and that the content of the
1864	piles is conducive to efficient burning.
1865	2.  A certified pile burner must ensure that the piles are
1866	properly extinguished no later than 1 hour after sunset. If the
1867	burn is conducted in an area designated by the division as smoke
1868	sensitive, a certified pile burner must ensure that the piles
1869	are properly extinguished at least 1 hour before sunset.
1870	3.  A written pile burn plan must be prepared before
1871	receiving authorization from the division to burn.
1872	4.  The specific consent of the landowner or his or her
1873	agent must be obtained before requesting authorization to burn.
1874	5.  An authorization to burn must be obtained from the
1875	division before igniting the burn.
1876	6.  There must be adequate firebreaks and sufficient
1877	personnel and firefighting equipment at the burn site to control
1878	the fire.
1879	(c)  If a burn is conducted in accordance with this
1880	subsection, the property owner and his or her agent are not
1881	liable under s. 590.13 for damage or injury caused by the fire
1882	or resulting smoke, and are not in violation of subsection (2),
1883	unless gross negligence is proven.
1884	(d)  A certified pile burner who violates this section
1885	commits a misdemeanor of the second degree, punishable as
1886	provided in s. 775.082 or s. 775.083.
1887	(e)  The division shall adopt rules regulating certified
1888	pile burning. The rules shall include procedures and criteria
1889	for certifying and decertifying certified pile burn managers
1890	based on past experience, training, and record of compliance
1891	with this section.
1892	(5)(4)  WILDFIRE HAZARD REDUCTION TREATMENT BY THE
1893	DIVISION.--The division may conduct fuel reduction initiatives,
1894	including, but not limited to, burning and mechanical and
1895	chemical treatment, on any area of wild land within the state
1896	which is reasonably determined to be in danger of wildfire in
1897	accordance with the following procedures:
1898	(c)  Prepare, and send the county tax collector shall
1899	include with the annual tax statement, a notice to be sent to
1900	all landowners in each area township designated by the division
1901	as a wildfire hazard area. The notice must describe particularly
1902	the area to be treated and the tentative date or dates of the
1903	treatment and must list the reasons for and the expected
1904	benefits from the wildfire hazard reduction.
1905	(7)  DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING
1906	AUTHORIZATION PROGRAMS.--
1907	(a)  A county or municipality may exercise the division's
1908	authority, if delegated by the division under this subsection,
1909	to issue authorizations for the burning of yard trash or debris
1910	from land-clearing operations. A county's or municipality's
1911	existing or proposed open burning authorization program must:
1912	1.  Be approved by the division. The division shall not
1913	approve a program if it fails to meet the requirements of
1914	subsection (2) or any rules adopted under that subsection.
1915	2.  Provide by ordinance or local law the requirements for
1916	obtaining and performing a burn authorization that comply with
1917	subsection (2) and any rules adopted under that subsection.
1918	3.  Provide for the enforcement of the program's
1919	requirements.
1920	4.  Provide financial, personnel, and other resources
1921	needed to carry out the program.
1922	(b)  If the division determines that a county's or
1923	municipality's open burning authorization program does not
1924	comply with subsection (2) or any rules adopted under that
1925	subsection, the division shall require the county or
1926	municipality to take necessary corrective actions within a
1927	reasonable period, not to exceed 90 days.
1928	1.  If the county or municipality fails to take the
1929	necessary corrective actions within the required period, the
1930	division shall resume administration of the open burning
1931	authorization program in the county or municipality and the
1932	county or municipality shall cease administration of the
1933	program.
1934	2.  Each county and municipality administering an open
1935	burning authorization program must cooperate with and assist the
1936	division in carrying out the division's powers, duties, and
1937	functions.
1938	3.  A person who violates the requirements of a county's or
1939	municipality's open burning authorization program, as provided
1940	by ordinance or local law, commits a violation of this chapter,
1941	punishable as provided in s. 590.14.
1942	(c)  The division has exclusive authority to require and
1943	issue authorizations for agricultural and silvicultural open
1944	burning. A county or municipality may not establish additional
1945	requirements for agricultural and silvicultural open burning
1946	unless an emergency order is declared under s. 252.38(3).
1947	Section 58.  Subsection (4) of section 590.14, Florida
1948	Statutes, is renumbered as subsection (7), subsections (1) and
1949	(3) are amended, and new subsections (4), (5), and (6) are added
1950	to that section, to read:
1951	590.14  Notice of violation; penalties.--
1952	(1)  If a division employee determines that a person has
1953	violated chapter 589, or this chapter, or any rule adopted by
1954	the division to administer provisions of law conferring duties
1955	upon the division, the division employee he or she may issue a
1956	notice of violation indicating the statute violated. This notice
1957	will be filed with the division and a copy forwarded to the
1958	appropriate law enforcement entity for further action if
1959	necessary.
1960	(3)  The department may also impose an administrative fine,
1961	not to exceed $1,000 per violation of any section of chapter 589
1962	or this chapter or violation of any rule adopted by the division
1963	to administer provisions of law conferring duties upon the
1964	division. The fine shall be based upon the degree of damage, the
1965	prior violation record of the person, and whether the person
1966	knowingly provided false information to obtain an authorization.
1967	The fines shall be deposited in the Incidental Trust Fund of the
1968	division.
1969	(4)  A person may not:
1970	(a)  Fail to comply with any rule or order adopted by the
1971	division to administer provisions of law conferring duties upon
1972	the division; or
1973	(b)  Knowingly make any false statement or representation
1974	in any application, record, plan, or other document required by
1975	this chapter or any rules adopted under this chapter.
1976	(5)  A person who violates paragraph (4)(a) or paragraph
1977	(4)(b) commits a misdemeanor of the second degree, punishable as
1978	provided in s. 775.082 or s. 775.083.
1979	(6)  It is the intent of the Legislature that a penalty
1980	imposed by a court under subsection (5) be of a severity that
1981	ensures immediate and continued compliance with this section.
1982	Section 59.  Paragraph (a) of subsection (1) of section
1983	599.004, Florida Statutes, is amended to read:
1984	599.004  Florida Farm Winery Program; registration; logo;
1985	fees.--
1986	(1)  The Florida Farm Winery Program is established within
1987	the Department of Agriculture and Consumer Services. Under this
1988	program, a winery may qualify as a tourist attraction only if it
1989	is registered with and certified by the department as a Florida
1990	Farm Winery. A winery may not claim to be certified unless it
1991	has received written approval from the department.
1992	(a)  To qualify as a certified Florida Farm Winery, a
1993	winery shall meet the following standards:
1994	1.  Produce or sell less than 250,000 gallons of wine
1995	annually.
1996	2.  Maintain a minimum of 10 acres of owned or managed land
1997	vineyards in Florida which produces commodities used in the
1998	production of wine.
1999	3.  Be open to the public for tours, tastings, and sales at
2000	least 30 hours each week.
2001	4.  Make annual application to the department for
2002	recognition as a Florida Farm Winery, on forms provided by the
2003	department.
2004	5.  Pay an annual application and registration fee of $100.
2005	Section 60.  Subsection (1) of section 604.15, Florida
2006	Statutes, is amended, and subsection (11) is added to that
2007	section, to read:
2008	604.15  Dealers in agricultural products; definitions.--For
2009	the purpose of ss. 604.15-604.34, the following words and terms,
2010	when used, shall be construed to mean:
2011	(1)  "Agricultural products" means the natural products of
2012	the farm, nursery, grove, orchard, vineyard, garden, and apiary
2013	(raw or manufactured); sod; tropical foliage; horticulture; hay;
2014	livestock; milk and milk products; poultry and poultry products;
2015	the fruit of the saw palmetto (meaning the fruit of the Serenoa
2016	repens); limes (meaning the fruit Citrus aurantifolia, variety
2017	Persian, Tahiti, Bearss, or Florida Key limes); and any other
2018	nonexempt agricultural products produced in the state, except
2019	tobacco, sugarcane, tropical foliage, timber and timber
2020	byproducts, forest products as defined in s. 591.17, and citrus
2021	other than limes.
2022	(11)  "Responsible position" means a position within the
2023	business of a dealer in agricultural products that has the
2024	authority to negotiate or make the purchase of agricultural
2025	products on behalf of the dealer's business or has principal
2026	active management authority over the business decisions,
2027	actions, and activities of the dealer's business in this state.
2028	Section 61.  Section 604.19, Florida Statutes, is amended
2029	to read:
2030	604.19  License; fee; bond; certificate of deposit;
2031	penalty.--Unless the department refuses the application on one
2032	or more of the grounds provided in this section, it shall issue
2033	to an applicant, upon the payment of required fees and the
2034	execution and delivery of a bond or certificate of deposit as
2035	provided in this section, a state license entitling the
2036	applicant to conduct business as a dealer in agricultural
2037	products for a 1-year period to coincide with the effective
2038	period of the bond or certificate of deposit furnished by the
2039	applicant. During the 1-year period covered by a license, if the
2040	supporting surety bond or certificate of deposit is canceled for
2041	any reason, the license shall automatically expire on the date
2042	the surety bond or certificate of deposit terminates, unless an
2043	acceptable replacement is in effect before the date of
2044	termination so that continual coverage occurs for the remaining
2045	period of the license. A surety company shall give the
2046	department a 30-day written notice of cancellation by certified
2047	mail in order to cancel a bond. Cancellation of a bond or
2048	certificate of deposit does shall not relieve a surety company
2049	or financial institution of liability for purchases or sales
2050	occurring while the bond or certificate of deposit was in
2051	effect. The license fee, which must be paid for the principal
2052	place of business for a dealer in agricultural products, shall
2053	be based upon the amount of the dealer's surety bond or
2054	certificate of deposit furnished by each dealer under the
2055	provisions of s. 604.20 and may not exceed $500. For each
2056	additional place in which the applicant desires to conduct
2057	business and which the applicant names in the application, the
2058	additional license fee must be paid but may not exceed $100
2059	annually. If a Should any dealer in agricultural products fails,
2060	refuses, or neglects fail, refuse, or neglect to apply and
2061	qualify for the renewal of a license on or before its the date
2062	of expiration date thereof, a penalty not to exceed $100 shall
2063	apply to and be added to the original license fee for the
2064	principal place of business and to the license fee for each
2065	additional place of business named in the application and shall
2066	be paid by the applicant before the renewal license may be
2067	issued. The department by rule shall prescribe fee amounts
2068	sufficient to fund ss. 604.15-604.34.
2069	Section 62.  Subsections (1) and (4) of section 604.20,
2070	Florida Statutes, are amended to read:
2071	604.20  Bond or certificate of deposit prerequisite;
2072	amount; form.--
2073	(1)  Before any license is issued, the applicant therefor
2074	shall make and deliver to the department a surety bond or
2075	certificate of deposit in the amount of at least $5,000 or in
2076	such greater amount as the department may determine. No bond or
2077	certificate of deposit may be in an amount less than $5,000. The
2078	penal sum of the bond or certificate of deposit to be furnished
2079	to the department by an applicant for license as a dealer in
2080	agricultural products shall be in an amount equal to twice the
2081	average of the monthly dollar amounts amount of agricultural
2082	products handled for a Florida producer or a producer's agent or
2083	representative, by purchase or otherwise, during the month of
2084	maximum transaction in such products during the preceding 12-
2085	month period. Only those months in which the applicant handled,
2086	by purchase or otherwise, amounts equal to or greater than
2087	$1,000 shall be used to calculate the penal sum of the required
2088	bond or certificate of deposit. An applicant for license who has
2089	not handled agricultural products for a Florida producer or a
2090	producer's agent or representative, by purchase or otherwise,
2091	during the preceding 12-month period shall furnish a bond or
2092	certificate of deposit in an amount equal to twice the estimated
2093	average of the monthly dollar amounts amount of such
2094	agricultural products to be handled, by purchase or otherwise,
2095	during the month of maximum transaction during the next
2096	immediate 12 months. Only those months in which the applicant
2097	anticipates handling, by purchase or otherwise, amounts equal to
2098	or greater than $1,000 shall be used to calculate the penal sum
2099	of the required bond or certificate of deposit. Such bond or
2100	certificate of deposit shall be provided or assigned in the
2101	exact name in which the dealer will conduct business subject to
2102	the provisions of ss. 604.15-604.34. Such bond must be executed
2103	by a surety company authorized to transact business in the
2104	state. For the purposes of ss. 604.19-604.21, the term
2105	"certificate of deposit" means a certificate of deposit at any
2106	recognized financial institution doing business in the United
2107	States. No certificate of deposit may be accepted in connection
2108	with an application for a dealer's license unless the issuing
2109	institution is properly insured by either the Federal Deposit
2110	Insurance Corporation or the Federal Savings and Loan Insurance
2111	Corporation. Such bond or any certificate of deposit assignment
2112	or agreement shall be upon a form prescribed or approved by the
2113	department and shall be conditioned to secure the faithful
2114	accounting for and payment, in the manner prescribed by s.
2115	604.21(9), to producers or their agents or representatives of
2116	the proceeds of all agricultural products handled or purchased
2117	by such dealer, and to secure payment to dealers who sell
2118	agricultural products to such dealer, and to pay any claims or
2119	costs ordered under s. 604.21 as the result of a complaint. Such
2120	bond or certificate of deposit assignment or agreement shall
2121	include terms binding the instrument to the Commissioner of
2122	Agriculture. A certificate of deposit shall be presented with an
2123	assignment of applicant's rights in the certificate in favor of
2124	the Commissioner of Agriculture on a form prescribed by the
2125	department and with a letter from the issuing institution
2126	acknowledging that the assignment has been properly recorded on
2127	the books of the issuing institution and will be honored by the
2128	issuing institution. Such assignment shall be irrevocable while
2129	the dealer's license is in effect and for an additional period
2130	of 6 months after the termination or expiration of the dealer's
2131	license, provided no complaint is pending against the licensee.
2132	If a complaint is pending, the assignment shall remain in effect
2133	until all actions on the complaint have been finalized. The
2134	certificate of deposit may be released by the assignee of the
2135	financial institution to the licensee or the licensee's
2136	successors, assignee, or heirs if no claims are pending against
2137	the licensee before the department at the conclusion of 6 months
2138	after the last effective date of the license. No certificate of
2139	deposit shall be accepted that contains any provision that would
2140	give the issuing institution any prior rights or claim on the
2141	proceeds or principal of such certificate of deposit. The
2142	department shall determine by rule the maximum amount of bond or
2143	certificate of deposit required of a dealer and whether an
2144	annual bond or certificate of deposit will be required.
2145	(4)  The department may issue a conditional license to an
2146	applicant who is unable to provide a single bond or certificate
2147	of deposit in the full amount required by the calculation in
2148	subsection (1). The conditional license shall remain in effect
2149	for a 1-year period to coincide with the effective period of the
2150	bond or certificate of deposit furnished by the applicant. The
2151	applicant must provide at least the minimum $5,000 bond or
2152	certificate of deposit as provided in subsection (1) together
2153	with documentation from each of three separate bonding companies
2154	denying the applicants request for a surety bond in the full
2155	amount required in subsection (1) and one of the following:
2156	(a)  A notarized affidavit limiting the handling of
2157	agricultural products, by purchase or otherwise, during their
2158	largest month to a minimum of one-half the amount of the bond or
2159	certificate of deposit provided by the applicant;
2160	(b)  A notarized affidavit stating that any subject
2161	agricultural products, handled by purchase or otherwise,
2162	exceeding one-half of the amount of the bond or certificate of
2163	deposit will be handled under the exemption provisions set forth
2164	in s. 604.16(2); or
2165	(c)  A second bond or certificate of deposit in such an
2166	amount that, when the penal sum of the second bond or
2167	certificate of deposit is added to the penal sum of the first
2168	bond or certificate of deposit, the combined penal sum will
2169	equal twice the dollar amount of agricultural products handled
2170	for a Florida producer or a producer's agent or representative,
2171	by purchase or otherwise, during the month of maximum
2172	transaction in such products during the preceding 12-month
2173	period.
2174
2175	The department or its agents may require from any licensee who
2176	is issued a conditional license verified statements of the
2177	volume of the licensee's business or may review the licensee's
2178	records at the licensee's place of business during normal
2179	business hours to determine the licensee's adherence to the
2180	conditions of the license. The failure of a licensee to furnish
2181	such statement or to make such records available shall be cause
2182	for suspension of the licensee's conditional license. If the
2183	department finds such failure to be willful, the conditional
2184	license may be revoked.
2185	Section 63.  Paragraph (h) of subsection (1) and subsection
2186	(3) of section 604.25, Florida Statutes, are amended to read:
2187	604.25  Refusal to grant, or suspension or revocation of,
2188	license.--
2189	(1)  The department may decline to grant a license or may
2190	suspend or revoke a license already granted if the applicant or
2191	licensee has:
2192	(h)  Employed a person described in subsection (3) in a
2193	responsible position a person, or an officer of a corporation,
2194	who has failed to fully comply with an order of the department
2195	at any time within 1 year after issuance;
2196	(3) No person who held a responsible position with a
2197	person, partnership, corporation or other business entity
2198	against whom the department has issued an administrative
2199	complaint or entered a final order, or officer of a corporation,
2200	whose license is has been suspended or revoked for failure to
2201	comply with an order of the department, may hold a responsible
2202	position with a dealer in agricultural products, whether
2203	licensed or not, a licensee for a period of 1 year or until the
2204	administrative complaint is settled or dismissed, the order of
2205	the department is has been fully complied with, or the
2206	completion of proceedings conducted under chapter 120 on the
2207	issued administrative complaint.
2208	Section 64.  Subsections (18) and (19) of section 616.242,
2209	Florida Statutes, are renumbered as subsections (19) and (20),
2210	respectively, and a new subsection (18) is added to that section
2211	to read:
2212	616.242  Safety standards for amusement rides.--
2213	(18)  STOP-OPERATION ORDERS.--If an owner or amusement ride
2214	fails to comply with this chapter or any rule adopted under this
2215	chapter, the department may issue a stop-operation order.
2216	Section 65.  Paragraph (c) of subsection (5) of section
2217	790.06, Florida Statutes, is amended to read:
2218	790.06  License to carry concealed weapon or firearm.--
2219	(5)  The applicant shall submit to the Department of
2220	Agriculture and Consumer Services:
2221	(c)  A full set of fingerprints of the applicant
2222	administered by a law enforcement agency or the Division of
2223	Licensing of the Department of Agriculture and Consumer
2224	Services.
2225	Section 66.  Sections 570.071 and 570.901, Florida
2226	Statutes, are repealed.
2227	Section 67.  This act shall take effect July 1, 2009.

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