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

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