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

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