HB 1445

1	A bill to be entitled
2	An act relating to the Department of Agriculture and
3	Consumer Services; amending s. 403.9336, F.S.; revising a
4	reference to the Model Ordinance for Florida-Friendly
5	Fertilizer Use on Urban Landscapes; amending s. 403.9337,
6	F.S.; specifying a certain edition of the model ordinance
7	for adoption by certain counties and municipalities;
8	authorizing the Department of Environmental Protection to
9	adopt rules updating the model ordinance; revising the
10	criteria for a local government's adoption of additional
11	or more stringent standards; exempting lands used for
12	certain research from provisions regulating fertilizer use
13	on urban landscapes; amending s. 493.6102, F.S.;
14	specifying that provisions regulating security officers do
15	not apply to certain law enforcement, correctional, and
16	probation officers performing off-duty activities;
17	amending s. 493.6105, F.S.; revising the application
18	requirements and procedures for certain private
19	investigative, private security, recovery agent, and
20	firearm licenses; specifying application requirements for
21	firearms instructor licenses; amending s. 493.6106, F.S.;
22	revising citizenship requirements and documentation for
23	certain private investigative, private security, and
24	recovery agent licenses; prohibiting the licensure of
25	applicants for a statewide firearm license or firearms
26	instructor license who are prohibited from purchasing or
27	possessing firearms; requiring that private investigative,
28	security, and recovery agencies notify the Department of
29	Agriculture and Consumer Services of changes to their
30	branch office locations; amending s. 493.6107, F.S.;
31	requiring the department to accept certain methods of
32	payment for certain fees; amending s. 493.6108, F.S.;
33	revising requirements for criminal history checks of
34	license applicants whose fingerprints are not legible;
35	requiring the investigation of the mental and emotional
36	fitness of applicants for firearms instructor licenses;
37	amending s. 493.6111, F.S.; requiring a security officer
38	school or recovery agent school to obtain the department's
39	approval for use of a fictitious name; specifying that a
40	licensee may not conduct business under more than one
41	fictitious name; amending s. 493.6113, F.S.; revising
42	application renewal procedures and requirements; amending
43	s. 493.6115, F.S.; conforming cross-references; amending
44	s. 493.6118, F.S.; authorizing disciplinary action against
45	statewide firearm licensees and firearms instructor
46	licensees who are prohibited from purchasing or possessing
47	firearms; amending s. 493.6121, F.S.; deleting provisions
48	for the department's access to certain criminal history
49	records provided to licensed gun dealers, manufacturers,
50	and exporters; amending s. 493.6202, F.S.; requiring the
51	department to accept certain methods of payment for
52	certain fees; amending s. 493.6203, F.S.; prohibiting
53	bodyguard services from being credited toward certain
54	license requirements; revising the training requirements
55	for private investigator intern license applicants;
56	requiring the automatic suspension of an intern's license
57	under certain circumstances; providing an exception;
58	amending s. 493.6302, F.S.; requiring the department to
59	accept certain methods of payment for certain fees;
60	amending s. 493.6303, F.S.; revising the training
61	requirements for security officer license applicants;
62	amending s. 493.6304, F.S.; revising application
63	requirements and procedures for security officer school
64	licenses; amending s. 493.6401, F.S.; revising terminology
65	for recovery agent schools and training facilities;
66	amending s. 493.6402, F.S.; revising terminology for
67	recovery agent schools and training facilities; requiring
68	the department to accept certain methods of payment for
69	certain fees; amending s. 493.6406, F.S.; revising
70	terminology; requiring recovery agent school and
71	instructor licenses; providing license application
72	requirements and procedures; amending ss. 501.605 and
73	501.607, F.S.; revising application requirements for
74	commercial telephone seller and salesperson licenses;
75	amending s. 501.913, F.S.; specifying the sample size
76	required for antifreeze registration application; amending
77	s. 525.01, F.S.; revising requirements for petroleum fuel
78	affidavits; amending s. 525.09, F.S.; imposing an
79	inspection fee on certain alternative fuels containing
80	alcohol; amending s. 526.50, F.S.; defining terms
81	applicable to regulation of the sale of brake fluid;
82	amending s. 526.51, F.S.; revising brake fluid permit
83	application requirements; deleting permit renewal
84	requirements; providing for reregistration of brake fluid;
85	establishing fees; amending s. 526.52, F.S.; revising
86	requirements for printed statements on brake fluid
87	containers; amending s. 526.53, F.S.; revising
88	requirements and procedures for brake fluid stop-sale
89	orders; authorizing businesses to dispose of unregistered
90	brake fluid under certain circumstances; amending s.
91	527.0201, F.S.; revising requirements for liquefied
92	petroleum gas qualifying examinations; increasing
93	continuing education requirements for certain liquefied
94	petroleum gas qualifiers; amending s. 527.12, F.S.;
95	providing for the issuance of certain stop orders;
96	amending ss. 559.805 and 559.928, F.S.; deleting social
97	security numbers as a listing requirement on registration
98	affidavits for independent agents of sellers of business
99	opportunities; amending s. 570.0725, F.S.; revising
100	provisions for public information about food banks and
101	similar food recovery programs; authorizing the department
102	to adopt rules; amending ss. 570.53 and 570.54, F.S.;
103	conforming cross-references; amending s. 570.55, F.S.;
104	revising requirements for identifying sellers or handlers
105	of tropical or subtropical fruit or vegetables; amending
106	s. 570.902, F.S.; conforming terminology to the repeal by
107	the act of provisions establishing the Florida
108	Agricultural Museum; amending s. 570.903, F.S.; revising
109	provisions for direct-support organizations for certain
110	agricultural programs to conform to the repeal by the act
111	of provisions establishing the Florida Agricultural
112	Museum; deleting provisions for a direct-support
113	organization for the Florida State Collection of
114	Arthropods; amending s. 573.118, F.S.; requiring the
115	department to maintain records of marketing orders;
116	requiring an audit at the request of an advisory council;
117	requiring that the advisory council receive a copy of the
118	audit within a specified time; amending s. 581.011, F.S.;
119	deleting terminology relating to the Florida State
120	Collection of Arthropods; revising the term "nursery" for
121	purposes of plant industry regulations; amending s.
122	581.211, F.S.; increasing the maximum fine for violations
123	of plant industry regulations; amending s. 583.13, F.S.;
124	deleting a prohibition on the sale of poultry without
125	displaying the poultry grade; amending s. 590.125, F.S.;
126	revising terminology for open burning authorizations;
127	specifying purposes of certified prescribed burning;
128	requiring the authorization of the Division of Forestry
129	for certified pile burning; providing pile burning
130	requirements; limiting the liability of property owners or
131	agents engaged in pile burning; providing for the
132	certification of pile burners; providing penalties for
133	violations by certified pile burners; requiring rules;
134	authorizing the division to adopt rules regulating
135	certified pile burning; revising notice requirements for
136	wildfire hazard reduction treatments; providing for
137	approval of local government open burning authorization
138	programs; providing program requirements; authorizing the
139	division to close local government programs under certain
140	circumstances; providing penalties for violations of local
141	government open burning requirements; amending s. 590.14,
142	F.S.; authorizing fines for violations of any division
143	rule; providing penalties for certain violations;
144	providing legislative intent; amending s. 599.004, F.S.;
145	revising standards that a winery must meet to qualify as a
146	certified Florida Farm Winery; amending s. 604.15, F.S.;
147	revising the term "agricultural products" to make tropical
148	foliage exempt from regulation under provisions relating
149	to dealers in agricultural products; defining the term
150	"responsible position"; amending s. 604.19, F.S.; revising
151	requirements for late fees on agricultural products dealer
152	applications; amending s. 604.20, F.S.; revising the
153	minimum amount of the surety bond or certificate of
154	deposit required for agricultural products dealer
155	licenses; providing conditions for the payment of bond or
156	certificate of deposit proceeds; requiring additional
157	documentation for issuance of a conditional license;
158	amending s. 604.25, F.S.; revising conditions under which
159	the department may deny, refuse to renew, suspend, or
160	revoke agricultural products dealer licenses; deleting a
161	provision prohibiting certain persons from holding a
162	responsible position with a licensee; amending s. 686.201,
163	F.S.; exempting contracts involving a seller of travel
164	from requirements for certain sales representative
165	contracts; amending s. 790.06, F.S.; authorizing a
166	concealed firearm license applicant to submit fingerprints
167	administered by the Division of Licensing; repealing ss.
168	570.071 and 570.901, F.S., relating to the Florida
169	Agricultural Exposition and the Florida Agricultural
170	Museum; providing an effective date.
171
172	Be It Enacted by the Legislature of the State of Florida:
173
174	Section 1.  Section 403.9336, Florida Statutes, is amended
175	to read:
176	403.9336  Legislative findings.-The Legislature finds that
177	the implementation of the Model Ordinance for Florida-Friendly
178	Fertilizer Use on Urban Landscapes (2008), which was developed
179	by the department in conjunction with the Florida Consumer
180	Fertilizer Task Force, the Department of Agriculture and
181	Consumer Services, and the University of Florida Institute of
182	Food and Agricultural Sciences, will assist in protecting the
183	quality of Florida's surface water and groundwater resources.
184	The Legislature further finds that local conditions, including
185	variations in the types and quality of water bodies, site-
186	specific soils and geology, and urban or rural densities and
187	characteristics, may necessitate the implementation of
188	additional or more stringent fertilizer management practices at
189	the local government level.
190	Section 2.  Section 403.9337, Florida Statutes, is amended
191	to read:
192	403.9337  Model Ordinance for Florida-Friendly Fertilizer
193	Use on Urban Landscapes.-
194	(1)  All county and municipal governments are encouraged to
195	adopt and enforce the Model Ordinance for Florida-Friendly
196	Fertilizer Use on Urban Landscapes (2009) as developed by the
197	department in conjunction with the Florida Consumer Fertilizer
198	Task Force, the Department of Agriculture and Consumer Services,
199	and the University of Florida's Institute of Food and
200	Agricultural Sciences, which the department may periodically
201	update and adopt by rule, or an equivalent requirement as a
202	mechanism for protecting local surface and groundwater quality.
203	(2)  Each county and municipal government located within
204	the watershed of a water body or water segment that is listed as
205	impaired by nutrients pursuant to s. 403.067, must shall, at a
206	minimum, adopt the most recent version of the department's Model
207	Ordinance for Florida-Friendly Fertilizer Use on Urban
208	Landscapes. A local government may adopt additional or more
209	stringent standards than the model ordinance if, before
210	adoption, the following criteria are met:
211	(a)  The local government has implemented demonstrated, as
212	part of a comprehensive program to address nonpoint sources of
213	nutrient pollution but which is science-based, and economically
214	and technically feasible, that additional or more stringent
215	standards than the model ordinance are necessary in order to
216	adequately address urban fertilizer contributions to nonpoint
217	source nutrient loading to a water body. A comprehensive program
218	may include:
219	1.  Nonpoint source activities adopted as part of a basin
220	management plan developed pursuant to s. 403.067(7);
221	2.  Adoption of Florida-friendly landscaping requirements,
222	as provided in s. 373.185, into the local government's
223	development code; or
224	3.  The requirement for and enforcement of the
225	implementation of low-impact development practices.
226	(b)  The local government has convened a workgroup composed
227	of: a representative of the local government appointed by its
228	governing body; a representative of the fertilizer applicator
229	industry appointed by the Florida Nursery, Growers, and
230	Landscape Association, Inc.; a representative of a retail
231	business that sells fertilizer appointed by the Florida Retail
232	Federation, Inc.; a representative of the Department of
233	Environmental Protection; and a representative of the Department
234	of Agriculture and Consumer Services, and the committee has
235	conducted a review and provided a report that addresses the
236	economical and technical feasibility of enforcing the proposed
237	additional or more stringent standards.
238	(c)(b)  The local government documents in the public record
239	the need for more stringent standards, including the
240	scientifically documented vulnerability of waters within the
241	local government's jurisdiction to nutrient enrichment due to
242	landforms, soils, hydrology, climate, or geology, and the local
243	government documents that it has requested and considered all
244	relevant scientific information, including input from the
245	department, the institute, the Department of Agriculture and
246	Consumer Services, and the University of Florida's Florida
247	Institute of Food and Agricultural Sciences, if provided, on the
248	need for additional or more stringent provisions to address
249	fertilizer use as a contributor to water quality degradation. If
250	two or more entities providing such input question the
251	scientific basis of the proposed standards, the local government
252	shall, before adoption of the standards, address their specific
253	concerns to the maximum extent practicable. All documentation
254	must become part of the public record before adoption of the
255	additional or more stringent criteria.
256	(3)  Any county or municipal government that adopted its
257	own fertilizer use ordinance before January 1, 2009, is exempt
258	from this section. Ordinances adopted or amended on or after
259	January 1, 2009, must substantively conform to the most recent
260	version of the model fertilizer ordinance and are subject to
261	subsections (1) and (2), as applicable.
262	(4)  This section does not apply to the use of fertilizer:
263	(a)  On farm operations as defined in s. 823.14; or
264	(b)  On lands classified as agricultural lands pursuant to
265	s. 193.461; or
266	(c)  On lands currently used or identified for use as part
267	of urban stormwater, water quality, agronomic, or horticultural
268	research.
269	Section 3.  Subsection (1) of section 493.6102, Florida
270	Statutes, is amended to read:
271	493.6102  Inapplicability of this chapter.-This chapter
272	shall not apply to:
273	(1)  Any individual who is an "officer" as defined in s.
274	943.10(14), or is a law enforcement officer of the United States
275	Government, while the such local, state, or federal officer is
276	engaged in her or his official duties or, if approved by the
277	officer's supervisors, when performing off-duty activities as a
278	security officer activities approved by her or his superiors.
279	Section 4.  Section 493.6105, Florida Statutes, is amended
280	to read:
281	493.6105  Initial application for license.-
282	(1)  Each individual, partner, or principal officer in a
283	corporation, shall file with the department a complete
284	application accompanied by an application fee not to exceed $60,
285	except that the applicant for a Class "D" or Class "G" license
286	is shall not be required to submit an application fee. The
287	application fee is shall not be refundable.
288	(a)  The application submitted by any individual, partner,
289	or corporate officer must shall be approved by the department
290	before the prior to that individual, partner, or corporate
291	officer assumes assuming his or her duties.
292	(b)  Individuals who invest in the ownership of a licensed
293	agency, but do not participate in, direct, or control the
294	operations of the agency are shall not be required to file an
295	application.
296	(2)  Each application must shall be signed and verified by
297	the individual under oath as provided in s. 92.525 and shall be
298	notarized.
299	(3)  The application must shall contain the following
300	information concerning the individual signing the application
301	same:
302	(a)  Name and any aliases.
303	(b)  Age and date of birth.
304	(c)  Place of birth.
305	(d)  Social security number or alien registration number,
306	whichever is applicable.
307	(e)  Current Present residence address and his or her
308	residence addresses within the 5 years immediately preceding the
309	submission of the application.
310	(f)  Occupations held presently and within the 5 years
311	immediately preceding the submission of the application.
312	(f)(g)  A statement of all criminal convictions, findings
313	of guilt, and pleas of guilty or nolo contendere, regardless of
314	adjudication of guilt.
315	(g)  One passport-type color photograph taken within the 6
316	months immediately preceding submission of the application.
317	(h)  A statement whether he or she has ever been
318	adjudicated incompetent under chapter 744.
319	(i)  A statement whether he or she has ever been committed
320	to a mental institution under chapter 394.
321	(j)  A full set of fingerprints on a card provided by the
322	department and a fingerprint fee to be established by rule of
323	the department based upon costs determined by state and federal
324	agency charges and department processing costs. An applicant who
325	has, within the immediately preceding 6 months, submitted a
326	fingerprint card and fee for licensing purposes under this
327	chapter shall not be required to submit another fingerprint card
328	or fee.
329	(k)  A personal inquiry waiver which allows the department
330	to conduct necessary investigations to satisfy the requirements
331	of this chapter.
332	(l)  Such further facts as may be required by the
333	department to show that the individual signing the application
334	is of good moral character and qualified by experience and
335	training to satisfy the requirements of this chapter.
336	(4)  In addition to the application requirements outlined
337	in subsection (3), the applicant for a Class "C," Class "CC,"
338	Class "E," Class "EE," or Class "G" license shall submit two
339	color photographs taken within the 6 months immediately
340	preceding the submission of the application, which meet
341	specifications prescribed by rule of the department. All other
342	applicants shall submit one photograph taken within the 6 months
343	immediately preceding the submission of the application.
344	(4)(5)  In addition to the application requirements
345	outlined under subsection (3), the applicant for a Class "C,"
346	Class "E," Class "M," Class "MA," Class "MB," or Class "MR"
347	license shall include a statement on a form provided by the
348	department of the experience which he or she believes will
349	qualify him or her for such license.
350	(5)(6)  In addition to the requirements outlined in
351	subsection (3), an applicant for a Class "G" license shall
352	satisfy minimum training criteria for firearms established by
353	rule of the department, which training criteria shall include,
354	but is not limited to, 28 hours of range and classroom training
355	taught and administered by a Class "K" licensee; however, no
356	more than 8 hours of such training shall consist of range
357	training. If the applicant can show proof that he or she is an
358	active law enforcement officer currently certified under the
359	Criminal Justice Standards and Training Commission or has
360	completed the training required for that certification within
361	the last 12 months, or if the applicant submits one of the
362	certificates specified in paragraph (6)(a) (7)(a), the
363	department may waive the foregoing firearms training
364	requirement.
365	(6)(7)  In addition to the requirements under subsection
366	(3), an applicant for a Class "K" license shall:
367	(a)  Submit one of the following certificates:
368	1.  The Florida Criminal Justice Standards and Training
369	Commission Firearms Instructor's Certificate and confirmation by
370	the commission that the applicant is authorized to provide
371	firearms instruction.
372	2.  The National Rifle Association Law Enforcement Police
373	Firearms Instructor's Certificate.
374	3.  The National Rifle Association Security Firearms
375	Instructor's Certificate.
376	3.4.  A firearms instructor's training certificate issued
377	by any branch of the United States Armed Forces, from a federal
378	law enforcement academy or agency, state, county, or a law
379	enforcement municipal police academy or agency in this state
380	recognized as such by the Criminal Justice Standards and
381	Training Commission or by the Department of Education.
382	(b)  Pay the fee for and pass an examination administered
383	by the department which shall be based upon, but is not
384	necessarily limited to, a firearms instruction manual provided
385	by the department.
386	(7)(8)  In addition to the application requirements for
387	individuals, partners, or officers outlined under subsection
388	(3), the application for an agency license shall contain the
389	following information:
390	(a)  The proposed name under which the agency intends to
391	operate.
392	(b)  The street address, mailing address, and telephone
393	numbers of the principal location at which business is to be
394	conducted in this state.
395	(c)  The street address, mailing address, and telephone
396	numbers of all branch offices within this state.
397	(d)  The names and titles of all partners or, in the case
398	of a corporation, the names and titles of its principal
399	officers.
400	(8)(9)  Upon submission of a complete application, a Class
401	"CC," Class "C," Class "D," Class "EE," Class "E," Class "M,"
402	Class "MA," Class "MB," or Class "MR" applicant may commence
403	employment or appropriate duties for a licensed agency or branch
404	office. However, the Class "C" or Class "E" applicant must work
405	under the direction and control of a sponsoring licensee while
406	his or her application is being processed. If the department
407	denies application for licensure, the employment of the
408	applicant must be terminated immediately, unless he or she
409	performs only unregulated duties.
410	Section 5.  Paragraph (f) of subsection (1) and paragraph
411	(a) of subsection (2) of section 493.6106, Florida Statutes, are
412	amended, and paragraph (g) is added to subsection (1) of that
413	section, to read:
414	493.6106  License requirements; posting.-
415	(1)  Each individual licensed by the department must:
416	(f)  Be a citizen or permanent legal resident alien of the
417	United States or have appropriate been granted authorization
418	issued to seek employment in this country by the United States
419	Bureau of Citizenship and Immigration Services of the United
420	States Department of Homeland Security.
421	1.  An applicant for a Class "C," Class "CC," Class "D,"
422	Class "DI," Class "E," Class "EE," Class "M," Class "MA," Class
423	"MB," Class "MR," or Class "RI" license who is not a United
424	States citizen must submit proof of current employment
425	authorization issued by the United States Bureau of Citizenship
426	and Immigration Services or proof that she or he is deemed a
427	permanent legal resident alien by the United States Bureau of
428	Citizenship and Immigration Services.
429	2.  An applicant for a Class "G" or Class "K" license who
430	is not a United States citizen must submit proof that she or he
431	is deemed a permanent legal resident alien by the United States
432	Bureau of Citizenship and Immigration Services, together with
433	additional documentation establishing that she or he has resided
434	in the state of residence shown on the application for at least
435	90 consecutive days before the date that the application is
436	submitted.
437	3.  An applicant for an agency or school license who is not
438	a United States citizen or permanent legal resident alien must
439	submit documentation issued by the United States Bureau of
440	Citizenship and Immigration Services stating that she or he is
441	lawfully in the United States and is authorized to own and
442	operate the type of agency or school for which she or he is
443	applying. An employment authorization card issued by the United
444	States Bureau of Citizenship and Immigration Services is not
445	sufficient documentation.
446	(g)  Not be prohibited from purchasing or possessing a
447	firearm by state or federal law if the individual is applying
448	for a Class "G" license or a Class "K" license.
449	(2)  Each agency shall have a minimum of one physical
450	location within this state from which the normal business of the
451	agency is conducted, and this location shall be considered the
452	primary office for that agency in this state.
453	(a)  If an agency or branch office desires to change the
454	physical location of the business, as it appears on the agency
455	license, the department must be notified within 10 days of the
456	change, and, except upon renewal, the fee prescribed in s.
457	493.6107 must be submitted for each license requiring revision.
458	Each license requiring revision must be returned with such
459	notification.
460	Section 6.  Subsection (3) of section 493.6107, Florida
461	Statutes, is amended to read:
462	493.6107  Fees.-
463	(3)  The fees set forth in this section must be paid by
464	certified check or money order or, at the discretion of the
465	department, by agency check at the time the application is
466	approved, except that the applicant for a Class "G" or Class "M"
467	license must pay the license fee at the time the application is
468	made. If a license is revoked or denied or if the application is
469	withdrawn, the license fee shall not be refunded.
470	Section 7.  Paragraph (a) of subsection (1) and subsection
471	(3) of section 493.6108, Florida Statutes, are amended to read:
472	493.6108  Investigation of applicants by Department of
473	Agriculture and Consumer Services.-
474	(1)  Except as otherwise provided, prior to the issuance of
475	a license under this chapter, the department shall make an
476	investigation of the applicant for a license. The investigation
477	shall include:
478	(a)1.  An examination of fingerprint records and police
479	records. When a criminal history analysis of any applicant under
480	this chapter is performed by means of fingerprint card
481	identification, the time limitations prescribed by s. 120.60(1)
482	shall be tolled during the time the applicant's fingerprint card
483	is under review by the Department of Law Enforcement or the
484	United States Department of Justice, Federal Bureau of
485	Investigation.
486	2.  If a legible set of fingerprints, as determined by the
487	Department of Law Enforcement or the Federal Bureau of
488	Investigation, cannot be obtained after two attempts, the
489	Department of Agriculture and Consumer Services may determine
490	the applicant's eligibility based upon a criminal history record
491	check under the applicant's name conducted by the Department of
492	Law Enforcement if the and the Federal Bureau of Investigation.
493	A set of fingerprints are taken by a law enforcement agency or
494	the department and the applicant submits a written statement
495	signed by the fingerprint technician or a licensed physician
496	stating that there is a physical condition that precludes
497	obtaining a legible set of fingerprints or that the fingerprints
498	taken are the best that can be obtained is sufficient to meet
499	this requirement.
500	(3)  The department shall also investigate the mental
501	history and current mental and emotional fitness of any Class
502	"G" or Class "K" applicant, and may deny a Class "G" or Class
503	"K" license to anyone who has a history of mental illness or
504	drug or alcohol abuse.
505	Section 8.  Subsection (4) of section 493.6111, Florida
506	Statutes, is amended to read:
507	493.6111  License; contents; identification card.-
508	(4)  Notwithstanding the existence of a valid Florida
509	corporate registration, an no agency or school licensee may not
510	conduct activities regulated under this chapter under any
511	fictitious name without prior written authorization from the
512	department to use that name in the conduct of activities
513	regulated under this chapter. The department may not authorize
514	the use of a name which is so similar to that of a public
515	officer or agency, or of that used by another licensee, that the
516	public may be confused or misled thereby. The authorization for
517	the use of a fictitious name shall require, as a condition
518	precedent to the use of such name, the filing of a certificate
519	of engaging in business under a fictitious name under s. 865.09.
520	A No licensee may not shall be permitted to conduct business
521	under more than one fictitious name except as separately
522	licensed nor shall the license be valid to protect any licensee
523	who is engaged in the business under any name other than that
524	specified in the license. An agency desiring to change its
525	licensed name shall notify the department and, except upon
526	renewal, pay a fee not to exceed $30 for each license requiring
527	revision including those of all licensed employees except Class
528	"D" or Class "G" licensees. Upon the return of such licenses to
529	the department, revised licenses shall be provided.
530	Section 9.  Subsection (2) and paragraph (a) of subsection
531	(3) of section 493.6113, Florida Statutes, are amended to read:
532	493.6113  Renewal application for licensure.-
533	(2)  At least No less than 90 days before prior to the
534	expiration date of the license, the department shall mail a
535	written notice to the last known mailing residence address of
536	the licensee for individual licensees and to the last known
537	agency address for agencies.
538	(3)  Each licensee shall be responsible for renewing his or
539	her license on or before its expiration by filing with the
540	department an application for renewal accompanied by payment of
541	the prescribed license fee.
542	(a)  Each Class "B" Class "A," Class "B," or Class "R"
543	licensee shall additionally submit on a form prescribed by the
544	department a certification of insurance which evidences that the
545	licensee maintains coverage as required under s. 493.6110.
546	Section 10.  Subsection (8), paragraph (d) of subsection
547	(12), and subsection (16) of section 493.6115, Florida Statutes,
548	are amended to read:
549	493.6115  Weapons and firearms.-
550	(8)  A Class "G" applicant must satisfy the minimum
551	training criteria as set forth in s. 493.6105(5)(6) and as
552	established by rule of the department.
553	(12)  The department may issue a temporary Class "G"
554	license, on a case-by-case basis, if:
555	(d)  The applicant has received approval from the
556	department subsequent to its conduct of a criminal history
557	record check as authorized in s. 493.6108(1)(a)1. 493.6121(6).
558	(16)  If the criminal history record check program
559	referenced in s. 493.6108(1)(a)1. 493.6121(6) is inoperable, the
560	department may issue a temporary "G" license on a case-by-case
561	basis, provided that the applicant has met all statutory
562	requirements for the issuance of a temporary "G" license as
563	specified in subsection (12), excepting the criminal history
564	record check stipulated there; provided, that the department
565	requires that the licensed employer of the applicant conduct a
566	criminal history record check of the applicant pursuant to
567	standards set forth in rule by the department, and provide to
568	the department an affidavit containing such information and
569	statements as required by the department, including a statement
570	that the criminal history record check did not indicate the
571	existence of any criminal history that would prohibit licensure.
572	Failure to properly conduct such a check, or knowingly providing
573	incorrect or misleading information or statements in the
574	affidavit shall constitute grounds for disciplinary action
575	against the licensed agency, including revocation of license.
576	Section 11.  Paragraph (u) of subsection (1) of section
577	493.6118, Florida Statutes, is redesignated as paragraph (v),
578	and a new paragraph (u) is added to that subsection to read:
579	493.6118  Grounds for disciplinary action.-
580	(1)  The following constitute grounds for which
581	disciplinary action specified in subsection (2) may be taken by
582	the department against any licensee, agency, or applicant
583	regulated by this chapter, or any unlicensed person engaged in
584	activities regulated under this chapter.
585	(u)  For a Class "G" or a Class "K" applicant or licensee,
586	being prohibited from purchasing or possessing a firearm by
587	state or federal law.
588	Section 12.  Subsections (7) and (8) of section 493.6121,
589	Florida Statutes, are renumbered as subsections (6) and (7),
590	respectively, and present subsection (6) of that section is
591	amended, to read:
592	493.6121  Enforcement; investigation.-
593	(6)  The department shall be provided access to the program
594	that is operated by the Department of Law Enforcement, pursuant
595	to s. 790.065, for providing criminal history record information
596	to licensed gun dealers, manufacturers, and exporters. The
597	department may make inquiries, and shall receive responses in
598	the same fashion as provided under s. 790.065. The department
599	shall be responsible for payment to the Department of Law
600	Enforcement of the same fees as charged to others afforded
601	access to the program.
602	Section 13.  Subsection (3) of section 493.6202, Florida
603	Statutes, is amended to read:
604	493.6202  Fees.-
605	(3)  The fees set forth in this section must be paid by
606	certified check or money order or, at the discretion of the
607	department, by agency check at the time the application is
608	approved, except that the applicant for a Class "G," Class "C,"
609	Class "CC," Class "M," or Class "MA" license must pay the
610	license fee at the time the application is made. If a license is
611	revoked or denied or if the application is withdrawn, the
612	license fee shall not be refunded.
613	Section 14.  Subsections (2), (4), and (6) of section
614	493.6203, Florida Statutes, are amended to read:
615	493.6203  License requirements.-In addition to the license
616	requirements set forth elsewhere in this chapter, each
617	individual or agency shall comply with the following additional
618	requirements:
619	(2)  An applicant for a Class "MA" license shall have 2
620	years of lawfully gained, verifiable, full-time experience, or
621	training in:
622	(a)  Private investigative work or related fields of work
623	that provided equivalent experience or training;
624	(b)  Work as a Class "CC" licensed intern;
625	(c)  Any combination of paragraphs (a) and (b);
626	(d)  Experience described in paragraph (a) for 1 year and
627	experience described in paragraph (e) for 1 year;
628	(e)  No more than 1 year using:
629	1.  College coursework related to criminal justice,
630	criminology, or law enforcement administration; or
631	2.  Successfully completed law enforcement-related training
632	received from any federal, state, county, or municipal agency;
633	or
634	(f)  Experience described in paragraph (a) for 1 year and
635	work in a managerial or supervisory capacity for 1 year.
636
637	However, experience in performing bodyguard services is not
638	creditable toward the requirements of this subsection.
639	(4)  An applicant for a Class "C" license shall have 2
640	years of lawfully gained, verifiable, full-time experience, or
641	training in one, or a combination of more than one, of the
642	following:
643	(a)  Private investigative work or related fields of work
644	that provided equivalent experience or training.
645	(b)  College coursework related to criminal justice,
646	criminology, or law enforcement administration, or successful
647	completion of any law enforcement-related training received from
648	any federal, state, county, or municipal agency, except that no
649	more than 1 year may be used from this category.
650	(c)  Work as a Class "CC" licensed intern.
651
652	However, experience in performing bodyguard services is not
653	creditable toward the requirements of this subsection.
654	(6)(a)  A Class "CC" licensee shall serve an internship
655	under the direction and control of a designated sponsor, who is
656	a Class "C," Class "MA," or Class "M" licensee.
657	(b)  Effective July 1, 2010 September 1, 2008, before
658	submission of an application to the department, the an applicant
659	for a Class "CC" license must have completed a minimum of 40 at
660	least 24 hours of professional training a 40-hour course
661	pertaining to general investigative techniques and this chapter,
662	which course is offered by a state university or by a school,
663	community college, college, or university under the purview of
664	the Department of Education, and the applicant must pass an
665	examination. The training must be provided in two parts, one 24-
666	hour course and one 16-hour course. The certificate evidencing
667	satisfactory completion of the 40 at least 24 hours of
668	professional training a 40-hour course must be submitted with
669	the application for a Class "CC" license. The remaining 16 hours
670	must be completed and an examination passed within 180 days. If
671	documentation of completion of the required training is not
672	submitted within the specified timeframe, the individual's
673	license is automatically suspended or his or her authority to
674	work as a Class "CC" pursuant to s. 493.6105(9) is rescinded
675	until such time as proof of certificate of completion is
676	provided to the department. The training course specified in
677	this paragraph may be provided by face-to-face presentation,
678	online technology, or a home study course in accordance with
679	rules and procedures of the Department of Education. The
680	administrator of the examination must verify the identity of
681	each applicant taking the examination.
682	1.  Upon an applicant's successful completion of each part
683	of the approved training course and passage of any required
684	examination, the school, community college, college, or
685	university shall issue a certificate of completion to the
686	applicant. The certificates must be on a form established by
687	rule of the department.
688	2.  The department shall establish by rule the general
689	content of the professional training course and the examination
690	criteria.
691	3.  If the license of an applicant for relicensure is has
692	been invalid for more than 1 year, the applicant must complete
693	the required training and pass any required examination.
694	(c)  An individual who submits an application for a Class
695	"CC" license on or after September 1, 2008, through June 30,
696	2010, who has not completed the 16-hour course must submit proof
697	of successful completion of the course within 180 days after the
698	date the application is submitted. If documentation of
699	completion of the required training is not submitted by that
700	date, the individual's license is automatically suspended until
701	proof of the required training is submitted to the department.
702	An individual licensed on or before August 31, 2008, is not
703	required to complete additional training hours in order to renew
704	an active license beyond the required total amount of training,
705	and within the timeframe, in effect at the time he or she was
706	licensed.
707	Section 15.  Subsection (3) of section 493.6302, Florida
708	Statutes, is amended to read:
709	493.6302  Fees.-
710	(3)  The fees set forth in this section must be paid by
711	certified check or money order or, at the discretion of the
712	department, by agency check at the time the application is
713	approved, except that the applicant for a Class "D," Class "G,"
714	Class "M," or Class "MB" license must pay the license fee at the
715	time the application is made. If a license is revoked or denied
716	or if the application is withdrawn, the license fee shall not be
717	refunded.
718	Section 16.  Subsection (4) of section 493.6303, Florida
719	Statutes, is amended to read:
720	493.6303  License requirements.-In addition to the license
721	requirements set forth elsewhere in this chapter, each
722	individual or agency shall comply with the following additional
723	requirements:
724	(4)(a)  Effective July 1, 2010, an applicant for a Class
725	"D" license must submit proof of successful completion of
726	complete a minimum of 40 hours of professional training at a
727	school or training facility licensed by the department. The
728	training must be provided in two parts, one 24-hour course and
729	one 16-hour course. The department shall by rule establish the
730	general content and number of hours of each subject area to be
731	taught.
732	(b)  An individual who submits an application for a Class
733	"D" license on or after January 1, 2007, through June 30, 2010,
734	who has not completed the 16-hour course must submit proof of
735	successful completion of the course within 180 days after the
736	date the application is submitted. If documentation of
737	completion of the required training is not submitted by that
738	date, the individual's license is automatically suspended until
739	proof of the required training is submitted to the department.
740	This section does not require a person licensed before January
741	1, 2007, to complete additional training hours in order to renew
742	an active license beyond the required total amount of training
743	within the timeframe prescribed by law at the time he or she was
744	licensed. An applicant may fulfill the training requirement
745	prescribed in paragraph (a) by submitting proof of:
746	1.  Successful completion of the total number of required
747	hours of training before initial application for a Class "D"
748	license; or
749	2.  Successful completion of 24 hours of training before
750	initial application for a Class "D" license and successful
751	completion of the remaining 16 hours of training within 180 days
752	after the date that the application is submitted. If
753	documentation of completion of the required training is not
754	submitted within the specified timeframe, the individual's
755	license is automatically suspended until such time as proof of
756	the required training is provided to the department.
757	(c)  An individual However, any person whose license is
758	suspended or has been revoked, suspended pursuant to paragraph
759	(b) subparagraph 2., or is expired for at least 1 year, or
760	longer is considered, upon reapplication for a license, an
761	initial applicant and must submit proof of successful completion
762	of 40 hours of professional training at a school or training
763	facility licensed by the department as provided prescribed in
764	paragraph (a) before a license is will be issued. Any person
765	whose license was issued before January 1, 2007, and whose
766	license has been expired for less than 1 year must, upon
767	reapplication for a license, submit documentation of completion
768	of the total number of hours of training prescribed by law at
769	the time her or his initial license was issued before another
770	license will be issued. This subsection does not require an
771	individual licensed before January 1, 2007, to complete
772	additional training hours in order to renew an active license,
773	beyond the required total amount of training within the
774	timeframe prescribed by law at the time she or he was licensed.
775	Section 17.  Subsection (2) of section 493.6304, Florida
776	Statutes, is amended to read:
777	493.6304  Security officer school or training facility.-
778	(2)  The application shall be signed and verified by the
779	applicant under oath as provided in s. 92.525 notarized and
780	shall contain, at a minimum, the following information:
781	(a)  The name and address of the school or training
782	facility and, if the applicant is an individual, her or his
783	name, address, and social security or alien registration number.
784	(b)  The street address of the place at which the training
785	is to be conducted.
786	(c)  A copy of the training curriculum and final
787	examination to be administered.
788	Section 18.  Subsections (7) and (8) of section 493.6401,
789	Florida Statutes, are amended to read:
790	493.6401  Classes of licenses.-
791	(7)  Any person who operates a recovery agent repossessor
792	school or training facility or who conducts an Internet-based
793	training course or a correspondence training course must have a
794	Class "RS" license.
795	(8)  Any individual who teaches or instructs at a Class
796	"RS" recovery agent repossessor school or training facility
797	shall have a Class "RI" license.
798	Section 19.  Paragraphs (f) and (g) of subsection (1) and
799	subsection (3) of section 493.6402, Florida Statutes, are
800	amended to read:
801	493.6402  Fees.-
802	(1)  The department shall establish by rule biennial
803	license fees which shall not exceed the following:
804	(f)  Class "RS" license-recovery agent repossessor school
805	or training facility: $60.
806	(g)  Class "RI" license-recovery agent repossessor school
807	or training facility instructor: $60.
808	(3)  The fees set forth in this section must be paid by
809	certified check or money order, or, at the discretion of the
810	department, by agency check at the time the application is
811	approved, except that the applicant for a Class "E," Class "EE,"
812	or Class "MR" license must pay the license fee at the time the
813	application is made. If a license is revoked or denied, or if an
814	application is withdrawn, the license fee shall not be refunded.
815	Section 20.  Subsections (1) and (2) of section 493.6406,
816	Florida Statutes, are amended to read:
817	493.6406  Recovery agent Repossession services school or
818	training facility.-
819	(1)  Any school, training facility, or instructor who
820	offers the training outlined in s. 493.6403(2) for Class "E" or
821	Class "EE" applicants shall, before licensure of such school,
822	training facility, or instructor, file with the department an
823	application accompanied by an application fee in an amount to be
824	determined by rule, not to exceed $60. The fee shall not be
825	refundable. This training may be offered as face-to-face
826	training, Internet-based training, or correspondence training.
827	(2)  The application shall be signed and verified by the
828	applicant under oath as provided in s. 92.525 notarized and
829	shall contain, at a minimum, the following information:
830	(a)  The name and address of the school or training
831	facility and, if the applicant is an individual, his or her
832	name, address, and social security or alien registration number.
833	(b)  The street address of the place at which the training
834	is to be conducted or the street address of the Class "RS"
835	school offering Internet-based or correspondence training.
836	(c)  A copy of the training curriculum and final
837	examination to be administered.
838	Section 21.  Paragraph (a) of subsection (2) of section
839	501.605, Florida Statutes, is amended to read:
840	501.605  Licensure of commercial telephone sellers.-
841	(2)  An applicant for a license as a commercial telephone
842	seller must submit to the department, in such form as it
843	prescribes, a written application for the license. The
844	application must set forth the following information:
845	(a)  The true name, date of birth, driver's license number,
846	social security number, and home address of the applicant,
847	including each name under which he or she intends to do
848	business.
849
850	The application shall be accompanied by a copy of any: Script,
851	outline, or presentation the applicant will require or suggest a
852	salesperson to use when soliciting, or, if no such document is
853	used, a statement to that effect; sales information or
854	literature to be provided by the applicant to a salesperson; and
855	sales information or literature to be provided by the applicant
856	to a purchaser in connection with any solicitation.
857	Section 22.  Paragraph (a) of subsection (1) of section
858	501.607, Florida Statutes, is amended to read:
859	501.607  Licensure of salespersons.-
860	(1)  An applicant for a license as a salesperson must
861	submit to the department, in such form as it prescribes, a
862	written application for a license. The application must set
863	forth the following information:
864	(a)  The true name, date of birth, driver's license number,
865	social security number, and home address of the applicant.
866	Section 23.  Subsection (2) of section 501.913, Florida
867	Statutes, is amended to read:
868	501.913  Registration.-
869	(2)  The completed application shall be accompanied by:
870	(a)  Specimens or facsimiles of the label for each brand of
871	antifreeze;
872	(b)  An application fee of $200 for each brand; and
873	(c)  A properly labeled sample of at least 1 gallon, but
874	not more than 2 gallons, of each brand of antifreeze.
875	Section 24.  Subsection (2) of section 525.01, Florida
876	Statutes, is amended to read:
877	525.01  Gasoline and oil to be inspected.-
878	(2)  All petroleum fuels are shall be subject to inspection
879	and analysis by the department. Before selling or offering for
880	sale in this state any petroleum fuel, all manufacturers,
881	terminal suppliers, wholesalers, and importers as defined in s.
882	206.01 jobbers shall file with the department:
883	(a)  An affidavit that they desire to do business in this
884	state, and the name and address of the manufacturer of the
885	petroleum fuel.
886	(b)  An affidavit stating that the petroleum fuel is in
887	conformity with the standards prescribed by department rule.
888	Section 25.  Subsections (1) and (3) of section 525.09,
889	Florida Statutes, are amended to read:
890	525.09  Inspection fee.-
891	(1)  For the purpose of defraying the expenses incident to
892	inspecting, testing, and analyzing petroleum fuels in this
893	state, there shall be paid to the department a charge of one-
894	eighth cent per gallon on all gasoline, alternative fuel
895	containing alcohol as defined in s. 525.01(1)(c)1. or 2.,
896	kerosene (except when used as aviation turbine fuel), and #1
897	fuel oil for sale or use in this state. This inspection fee
898	shall be imposed in the same manner as the motor fuel tax
899	pursuant to s. 206.41. Payment shall be made on or before the
900	25th day of each month.
901	(3)  All remittances to the department for the inspection
902	tax herein provided shall be accompanied by a detailed report
903	under oath showing the number of gallons of gasoline,
904	alternative fuel containing alcohol as defined in s.
905	525.01(1)(c)1. and 2., kerosene, or fuel oil sold and delivered
906	in each county.
907	Section 26.  Section 526.50, Florida Statutes, is amended
908	to read:
909	526.50  Definition of terms.-As used in this part:
910	(1)  "Brake fluid" means the fluid intended for use as the
911	liquid medium through which force is transmitted in the
912	hydraulic brake system of a vehicle operated upon the highways.
913	(2)  "Brand" means the product name appearing on the label
914	of a container of brake fluid.
915	(3)(5)  "Container" means any receptacle in which brake
916	fluid is immediately contained when sold, but does not mean a
917	carton or wrapping in which a number of such receptacles are
918	shipped or stored or a tank car or truck.
919	(4)(2)  "Department" means the Department of Agriculture
920	and Consumer Services.
921	(5)  "Formula" means the name of the chemical mixture or
922	composition of the brake fluid product.
923	(6)(4)  "Labeling" includes all written, printed or graphic
924	representations, in any form whatsoever, imprinted upon or
925	affixed to any container of brake fluid.
926	(7)(6)  "Permit year" means a period of 12 months
927	commencing July 1 and ending on the next succeeding June 30.
928	(8)(7)  "Registrant" means any manufacturer, packer,
929	distributor, seller, or other person who has registered a brake
930	fluid with the department.
931	(9)(3)  "Sell" includes give, distribute, barter, exchange,
932	trade, keep for sale, offer for sale or expose for sale, in any
933	of their variant forms.
934	Section 27.  Section 526.51, Florida Statutes, is amended
935	to read:
936	526.51  Registration; renewal and fees; departmental
937	expenses; cancellation or refusal to issue or renew.-
938	(1)(a)  Application for registration of each brand of brake
939	fluid shall be made on forms to be supplied by the department.
940	The applicant shall give his or her name and address and the
941	brand name of the brake fluid, state that he or she owns the
942	brand name and has complete control over the product sold
943	thereunder in Florida, and provide the name and address of the
944	resident agent in Florida. If the applicant does not own the
945	brand name but wishes to register the product with the
946	department, a notarized affidavit that gives the applicant full
947	authorization to register the brand name and that is signed by
948	the owner of the brand name must accompany the application for
949	registration. The affidavit must include all affected brand
950	names, the owner's company or corporate name and address, the
951	applicant's company or corporate name and address, and a
952	statement from the owner authorizing the applicant to register
953	the product with the department. The owner of the brand name
954	shall maintain complete control over each product sold under
955	that brand name in this state. All first-time brand-formula
956	combination new product applications must be accompanied by a
957	certified report from an independent testing laboratory, setting
958	forth the analysis of the brake fluid which shall show its
959	quality to be not less than the specifications established by
960	the department for brake fluids. A sample of not less than 24
961	fluid ounces of brake fluid shall be submitted, in a container
962	or containers, with labels representing exactly how the
963	containers of brake fluid will be labeled when sold, and the
964	sample and container shall be analyzed and inspected by the
965	Division of Standards in order that compliance with the
966	department's specifications and labeling requirements may be
967	verified. Upon approval of the application, the department shall
968	register the brand name of the brake fluid and issue to the
969	applicant a permit authorizing the registrant to sell the brake
970	fluid in this state during the permit year specified in the
971	permit.
972	(b)  Each applicant shall pay a fee of $100 with each
973	application. An applicant seeking reregistration of a previously
974	registered brand-formula combination must submit a completed
975	application and all materials required under this subsection to
976	the department before the first day of the permit year. A brand-
977	formula combination for which a completed application and all
978	materials required under this subsection are not received before
979	the first day of the permit year ceases to be registered with
980	the department until a completed application and all materials
981	required under this subsection are received and approved. Any
982	fee, application, or materials received after the first day of
983	the permit year, if the brand-formula combination was previously
984	registered with the department, A permit may be renewed by
985	application to the department, accompanied by a renewal fee of
986	$50 on or before the last day of the permit year immediately
987	preceding the permit year for which application is made for
988	renewal of registration. To any fee not paid when due, there
989	shall accrue a penalty of $25, which shall be added to the
990	renewal fee. Renewals will be accepted only on brake fluids that
991	have no change in formula, composition, or brand name. Any
992	change in formula, composition, or brand name of any brake fluid
993	constitutes a new product that must be registered in accordance
994	with this part.
995	(2)  All fees collected under the provisions of this
996	section shall be credited to the General Inspection Trust Fund
997	of the department and all expenses incurred in the enforcement
998	of this part shall be paid from said fund.
999	(3)  The department may cancel or, refuse to issue or
1000	refuse to renew any registration and permit after due notice and
1001	opportunity to be heard if it finds that the brake fluid is
1002	adulterated or misbranded or that the registrant has failed to
1003	comply with the provisions of this part or the rules and
1004	regulations promulgated thereunder.
1005	Section 28.  Paragraph (a) of subsection (3) of section
1006	526.52, Florida Statutes, is amended to read:
1007	526.52  Specifications; adulteration and misbranding.-
1008	(3)  Brake fluid is deemed to be misbranded:
1009	(a)  If its container does not bear on its side or top a
1010	label on which is printed the name and place of business of the
1011	registrant of the product, the words "brake fluid," and a
1012	statement that the product therein equals or exceeds the minimum
1013	specification of the Society of Automotive Engineers for heavy-
1014	duty-type brake fluid or equals or exceeds Federal Motor Vehicle
1015	Safety Standard No. 116 adopted by the United States Department
1016	of Transportation, heavy-duty-type. By regulation the department
1017	may require that the duty-type classification appear on the
1018	label.
1019	Section 29.  Subsection (2) of section 526.53, Florida
1020	Statutes, is amended to read:
1021	526.53  Enforcement; inspection and analysis, stop-sale and
1022	disposition, regulations.-
1023	(2)(a)  When any brake fluid is sold in violation of any of
1024	the provisions of this part, all such affected brake fluid of
1025	the same brand name on the same premises on which the violation
1026	occurred shall be placed under a stop-sale order by the
1027	department by serving the owner of the brand name, distributor,
1028	or other entity responsible for selling or distributing the
1029	product in the state with the stop-sale order. The department
1030	shall withdraw its stop-sale order upon the removal of the
1031	violation or upon voluntary destruction of the product, or other
1032	disposal approved by the department, under the supervision of
1033	the department.
1034	(b)  In addition to being subject to the stop-sale
1035	procedures above, unregistered brake fluid shall be held by the
1036	department or its representative, at a place to be designated in
1037	the stop-sale order, until properly registered and released in
1038	writing by the department or its representative. If application
1039	is has not been made for registration of the such product within
1040	30 days after issue of the stop-sale order, such product shall
1041	be disposed of by the department, or, with the department's
1042	consent, by the business, to any tax-supported institution or
1043	agency of the state if the brake fluid meets legal
1044	specifications or by other disposal authorized by rule of the
1045	department if it fails to meet legal specifications.
1046	Section 30.  Subsections (1) and (3) and paragraphs (a) and
1047	(c) of subsection (5) of section 527.0201, Florida Statutes, are
1048	amended to read:
1049	527.0201  Qualifiers; master qualifiers; examinations.-
1050	(1)  In addition to the requirements of s. 527.02, any
1051	person applying for a license to engage in the activities of a
1052	pipeline system operator, category I liquefied petroleum gas
1053	dealer, category II liquefied petroleum gas dispenser, category
1054	IV liquefied petroleum gas dispenser and recreational vehicle
1055	servicer, category V liquefied petroleum gases dealer for
1056	industrial uses only, LP gas installer, specialty installer,
1057	requalifier requalification of cylinders, or fabricator,
1058	repairer, and tester of vehicles and cargo tanks must prove
1059	competency by passing a written examination administered by the
1060	department or its agent with a grade of at least 75 percent in
1061	each area tested or above. Each applicant for examination shall
1062	submit a $20 nonrefundable fee. The department shall by rule
1063	specify the general areas of competency to be covered by each
1064	examination and the relative weight to be assigned in grading
1065	each area tested.
1066	(3)  Qualifier cards issued to category I liquefied
1067	petroleum gas dealers and liquefied petroleum gas installers
1068	shall expire 3 years after the date of issuance. All category I
1069	liquefied petroleum gas dealer qualifiers and liquefied
1070	petroleum gas installer qualifiers holding a valid qualifier
1071	card upon the effective date of this act shall retain their
1072	qualifier status until July 1, 2003, and may sit for the master
1073	qualifier examination at any time during that time period. All
1074	such category I liquefied petroleum gas dealer qualifiers and
1075	liquefied petroleum gas installer qualifiers may renew their
1076	qualification on or before July 1, 2003, upon application to the
1077	department, payment of a $20 renewal fee, and documentation of
1078	the completion of a minimum of 16 12 hours of approved
1079	continuing education courses, as defined by department rule,
1080	during the previous 3-year period. Applications for renewal must
1081	be made 30 calendar days prior to expiration. Persons failing to
1082	renew prior to the expiration date must reapply and take a
1083	qualifier competency examination in order to reestablish
1084	category I liquefied petroleum gas dealer qualifier and
1085	liquefied petroleum gas installer qualifier status. If a
1086	category I liquefied petroleum gas qualifier or liquefied
1087	petroleum gas installer qualifier becomes a master qualifier at
1088	any time during the effective date of the qualifier card, the
1089	card shall remain in effect until expiration of the master
1090	qualifier certification.
1091	(5)  In addition to all other licensing requirements, each
1092	category I liquefied petroleum gas dealer and liquefied
1093	petroleum gas installer must, at the time of application for
1094	licensure, identify to the department one master qualifier who
1095	is a full-time employee at the licensed location. This person
1096	shall be a manager, owner, or otherwise primarily responsible
1097	for overseeing the operations of the licensed location and must
1098	provide documentation to the department as provided by rule. The
1099	master qualifier requirement shall be in addition to the
1100	requirements of subsection (1).
1101	(a)  In order to apply for certification as a master
1102	qualifier, each applicant must be a category I liquefied
1103	petroleum gas dealer qualifier or liquefied petroleum gas
1104	installer qualifier, must be employed by a licensed category I
1105	liquefied petroleum gas dealer, liquefied petroleum gas
1106	installer, or applicant for such license, must provide
1107	documentation of a minimum of 1 year's work experience in the
1108	gas industry, and must pass a master qualifier competency
1109	examination. Master qualifier examinations shall be based on
1110	Florida's laws, rules, and adopted codes governing liquefied
1111	petroleum gas safety, general industry safety standards, and
1112	administrative procedures. The examination must be successfully
1113	passed completed by the applicant with a grade of at least 75
1114	percent or more. Each applicant for master qualifier status
1115	shall submit to the department a nonrefundable $30 examination
1116	fee prior to the examination.
1117	(c)  Master qualifier status shall expire 3 years after the
1118	date of issuance of the certificate and may be renewed by
1119	submission to the department of documentation of completion of
1120	at least 16 12 hours of approved continuing education courses
1121	during the 3-year period; proof of employment with a licensed
1122	category I liquefied petroleum gas dealer, liquefied petroleum
1123	gas installer, or applicant; and a $30 certificate renewal fee.
1124	The department shall define, by rule, approved courses of
1125	continuing education.
1126	Section 31.  Section 527.12, Florida Statutes, is amended
1127	to read:
1128	527.12  Cease and desist orders; stop-use orders; stop-
1129	operation orders; stop-sale orders; administrative fines.-
1130	(1)  Whenever the department has shall have reason to
1131	believe that any person is violating or has violated been
1132	violating provisions of this chapter or any rules adopted under
1133	this chapter pursuant thereto, the department it may issue a
1134	cease and desist order, or impose a civil penalty, or do both
1135	may issue such cease and desist order and impose a civil
1136	penalty.
1137	(2)  Whenever a person or liquefied petroleum gas system or
1138	storage facility, or any part or component thereof, fails to
1139	comply with this chapter or any rules adopted under this
1140	chapter, the department may issue a stop-use order, stop-
1141	operation order, or stop-sale order.
1142	Section 32.  Subsection (1) of section 559.805, Florida
1143	Statutes, is amended to read:
1144	559.805  Filings with the department; disclosure of
1145	advertisement identification number.-
1146	(1)  Every seller of a business opportunity shall annually
1147	file with the department a copy of the disclosure statement
1148	required by s. 559.803 before prior to placing an advertisement
1149	or making any other representation designed to offer to, sell
1150	to, or solicit an offer to buy a business opportunity from a
1151	prospective purchaser in this state and shall update this filing
1152	by reporting any material change in the required information
1153	within 30 days after the material change occurs. An
1154	advertisement is not placed in the state merely because the
1155	publisher circulates, or there is circulated on his or her
1156	behalf in the state, any bona fide newspaper or other
1157	publication of general, regular, and paid circulation which has
1158	had more than two-thirds of its circulation during the past 12
1159	months outside the state or because a radio or television
1160	program originating outside the state is received in the state.
1161	If the seller is required by s. 559.807 to provide a bond or
1162	establish a trust account or guaranteed letter of credit, he or
1163	she shall contemporaneously file with the department a copy of
1164	the bond, a copy of the formal notification by the depository
1165	that the trust account is established, or a copy of the
1166	guaranteed letter of credit. Every seller of a business
1167	opportunity shall file with the department a list of independent
1168	agents who will engage in the offer or sale of business
1169	opportunities on behalf of the seller in this state. This list
1170	must be kept current and shall include the following
1171	information: name, home and business address, telephone number,
1172	present employer, social security number, and birth date. A No
1173	person may not shall be allowed to offer or sell business
1174	opportunities unless the required information is has been
1175	provided to the department.
1176	Section 33.  Subsection (3) of section 559.928, Florida
1177	Statutes, is amended to read:
1178	559.928  Registration.-
1179	(3)  Each independent agent shall annually file an
1180	affidavit with the department before prior to engaging in
1181	business in this state. This affidavit must include the
1182	independent agent's full name, legal business or trade name,
1183	mailing address, business address, telephone number, social
1184	security number, and the name or names and addresses of each
1185	seller of travel represented by the independent agent. A letter
1186	evidencing proof of filing must be issued by the department and
1187	must be prominently displayed in the independent agent's primary
1188	place of business. Each independent agent must also submit an
1189	annual registration fee of $50. All moneys collected pursuant to
1190	the imposition of the fee shall be deposited by the Chief
1191	Financial Officer into the General Inspection Trust Fund of the
1192	Department of Agriculture and Consumer Services for the sole
1193	purpose of administrating this part. As used in this subsection,
1194	the term "independent agent" means a person who represents a
1195	seller of travel by soliciting persons on its behalf; who has a
1196	written contract with a seller of travel which is operating in
1197	compliance with this part and any rules adopted thereunder; who
1198	does not receive a fee, commission, or other valuable
1199	consideration directly from the purchaser for the seller of
1200	travel; who does not at any time have any unissued ticket stock
1201	or travel documents in his or her possession; and who does not
1202	have the ability to issue tickets, vacation certificates, or any
1203	other travel document. The term "independent agent" does not
1204	include an affiliate of the seller of travel, as that term is
1205	used in s. 559.935(3), or the employees of the seller of travel
1206	or of such affiliates.
1207	Section 34.  Subsection (7) of section 570.0725, Florida
1208	Statutes, is amended to read:
1209	570.0725  Food recovery; legislative intent; department
1210	functions.-
1211	(7)  For public information purposes, the department may
1212	shall develop and provide a public information brochure
1213	detailing the need for food banks and similar of food recovery
1214	programs, the benefit of such food recovery programs, the manner
1215	in which such organizations may become involved in such food
1216	recovery programs, and the protection afforded to such programs
1217	under s. 768.136, and the food recovery entities or food banks
1218	that exist in the state. This brochure must be updated annually.
1219	A food bank or similar food recovery organization seeking to be
1220	included on a list of such organizations must notify the
1221	department and provide the information required by rule of the
1222	department. Such organizations are responsible for updating the
1223	information and providing the updated information to the
1224	department. The department may adopt rules to implement this
1225	section.
1226	Section 35.  Paragraph (e) of subsection (6) of section
1227	570.53, Florida Statutes, is amended to read:
1228	570.53  Division of Marketing and Development; powers and
1229	duties.-The powers and duties of the Division of Marketing and
1230	Development include, but are not limited to:
1231	(6)
1232	(e)  Extending in every practicable way the distribution
1233	and sale of Florida agricultural products throughout the markets
1234	of the world as required of the department by s. ss. 570.07(7),
1235	(8), (10), and (11) and 570.071 and chapters 571, 573, and 574.
1236	Section 36.  Subsection (2) of section 570.54, Florida
1237	Statutes, is amended to read:
1238	570.54  Director; duties.-
1239	(2)  It shall be the duty of the director of this division
1240	to supervise, direct, and coordinate the activities authorized
1241	by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and
1242	(20), 570.071, 570.21, 534.47-534.53, and 604.15-604.34 and
1243	chapters 504, 571, 573, and 574 and to exercise other powers and
1244	authority as authorized by the department.
1245	Section 37.  Subsection (4) of section 570.55, Florida
1246	Statutes, is amended to read:
1247	570.55  Identification of sellers or handlers of tropical
1248	or subtropical fruit and vegetables; containers specified;
1249	penalties.-
1250	(4)  IDENTIFICATION OF HANDLER.-At the time of each
1251	transaction involving the handling or sale of 55 pounds or more
1252	of tropical or subtropical fruit or vegetables in the primary
1253	channel of trade, the buyer or receiver of the tropical or
1254	subtropical fruit or vegetables shall demand a bill of sale,
1255	invoice, sales memorandum, or other document listing the date of
1256	the transaction, the quantity of the tropical or subtropical
1257	fruit or vegetables involved in the transaction, and the
1258	identification of the seller or handler as it appears on the
1259	driver's license of the seller or handler, including the
1260	driver's license number. If the seller or handler does not
1261	possess a driver's license, the buyer or receiver shall use any
1262	other acceptable means of identification, which may include, but
1263	is not limited to, i.e., voter's registration card and number,
1264	draft card, social security card, or other identification.
1265	However, no less than two identification documents shall be
1266	used. The identification of the seller or handler shall be
1267	recorded on the bill of sale, sales memorandum, invoice, or
1268	voucher, which shall be retained by the buyer or receiver for a
1269	period of not less than 1 year from the date of the transaction.
1270	Section 38.  Subsection (3) of section 570.902, Florida
1271	Statutes, is amended to read:
1272	570.902  Definitions; ss. 570.902 and 570.903.-For the
1273	purpose of ss. 570.902 and 570.903:
1274	(3)  "Museum" means the Florida Agricultural Museum which
1275	is designated as the museum for agriculture and rural history of
1276	the State of Florida.
1277	Section 39.  Section 570.903, Florida Statutes, is amended
1278	to read:
1279	570.903  Direct-support organization.-
1280	(1)  When the Legislature authorizes the establishment of a
1281	direct-support organization to provide assistance for the
1282	museums, the Florida Agriculture in the Classroom Program, the
1283	Florida State Collection of Arthropods, the Friends of the
1284	Florida State Forests Program of the Division of Forestry, and
1285	the Forestry Arson Alert Program, and other programs of the
1286	department, the following provisions shall govern the creation,
1287	use, powers, and duties of the direct-support organization.
1288	(a)  The department shall enter into a memorandum or letter
1289	of agreement with the direct-support organization, which shall
1290	specify the approval of the department, the powers and duties of
1291	the direct-support organization, and rules with which the
1292	direct-support organization shall comply.
1293	(b)  The department may permit, without charge, appropriate
1294	use of property, facilities, and personnel of the department by
1295	a direct-support organization, subject to the provisions of ss.
1296	570.902 and 570.903. The use shall be directly in keeping with
1297	the approved purposes of the direct-support organization and
1298	shall not be made at times or places that would unreasonably
1299	interfere with opportunities for the general public to use
1300	department facilities for established purposes.
1301	(c)  The department shall prescribe by contract or by rule
1302	conditions with which a direct-support organization shall comply
1303	in order to use property, facilities, or personnel of the
1304	department or museum. Such rules shall provide for budget and
1305	audit review and oversight by the department.
1306	(d)  The department shall not permit the use of property,
1307	facilities, or personnel of the museum, department, or
1308	designated program by a direct-support organization which does
1309	not provide equal employment opportunities to all persons
1310	regardless of race, color, religion, sex, age, or national
1311	origin.
1312	(2)(a)  The direct-support organization shall be empowered
1313	to conduct programs and activities; raise funds; request and
1314	receive grants, gifts, and bequests of money; acquire, receive,
1315	hold, invest, and administer, in its own name, securities,
1316	funds, objects of value, or other property, real or personal;
1317	and make expenditures to or for the direct or indirect benefit
1318	of the museum or designated program.
1319	(b)  Notwithstanding the provisions of s. 287.057, the
1320	direct-support organization may enter into contracts or
1321	agreements with or without competitive bidding for the
1322	restoration of objects, historical buildings, and other
1323	historical materials or for the purchase of objects, historical
1324	buildings, and other historical materials which are to be added
1325	to the collections of the museum, or benefit of the designated
1326	program. However, before the direct-support organization may
1327	enter into a contract or agreement without competitive bidding,
1328	the direct-support organization shall file a certification of
1329	conditions and circumstances with the internal auditor of the
1330	department justifying each contract or agreement.
1331	(c)  Notwithstanding the provisions of s. 287.025(1)(e),
1332	the direct-support organization may enter into contracts to
1333	insure property of the museum or designated programs and may
1334	insure objects or collections on loan from others in satisfying
1335	security terms of the lender.
1336	(3)  The direct-support organization shall provide for an
1337	annual financial audit in accordance with s. 215.981.
1338	(4)  Neither a designated program or a museum, nor a
1339	nonprofit corporation trustee or employee may:
1340	(a)  Receive a commission, fee, or financial benefit in
1341	connection with the sale or exchange of property historical
1342	objects or properties to the direct-support organization, the
1343	museum, or the designated program; or
1344	(b)  Be a business associate of any individual, firm, or
1345	organization involved in the sale or exchange of property to the
1346	direct-support organization, the museum, or the designated
1347	program.
1348	(5)  All moneys received by the direct-support organization
1349	shall be deposited into an account of the direct-support
1350	organization and shall be used by the organization in a manner
1351	consistent with the goals of the museum or designated program.
1352	(6)  The identity of a donor or prospective donor who
1353	desires to remain anonymous and all information identifying such
1354	donor or prospective donor are confidential and exempt from the
1355	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1356	Constitution.
1357	(7)  The Commissioner of Agriculture, or the commissioner's
1358	designee, may serve on the board of trustees and the executive
1359	committee of any direct-support organization established to
1360	benefit the museum or any designated program.
1361	(8)  The department shall establish by rule archival
1362	procedures relating to museum artifacts and records. The rules
1363	shall provide procedures which protect the museum's artifacts
1364	and records equivalent to those procedures which have been
1365	established by the Department of State under chapters 257 and
1366	267.
1367	Section 40.  Subsection (4) of section 573.118, Florida
1368	Statutes, is amended to read:
1369	573.118  Assessment; funds; audit; loans.-
1370	(4)  In the event of levying and collecting of assessments,
1371	for each fiscal year in which assessment funds are received by
1372	the department, the department shall maintain records of
1373	collections and expenditures for each marketing order separately
1374	within the state's accounting system. If requested by an
1375	advisory council, department staff shall cause to be made a
1376	thorough annual audit of the books and accounts by a certified
1377	public accountant, such audit to be completed within 60 days
1378	after the request is received end of the fiscal year. The
1379	advisory council department and all producers and handlers
1380	covered by the marketing order shall be provided a copy of the
1381	properly advised of the details of the annual official audit of
1382	the accounts as shown by the certified public accountant within
1383	30 days after completion of the audit.
1384	Section 41.  Subsections (18) through (30) of section
1385	581.011, Florida Statutes, are renumbered as subsections (17)
1386	through (29), respectively, and present subsections (17) and
1387	(20) of that section are amended to read:
1388	581.011  Definitions.-As used in this chapter:
1389	(17)  "Museum" means the Florida State Collection of
1390	Arthropods.
1391	(19)(20)  "Nursery" means any grounds or premises on or in
1392	which nursery stock is grown, propagated, or held for sale or
1393	distribution, including except where aquatic plant species are
1394	tended for harvest in the natural environment.
1395	Section 42.  Paragraph (a) of subsection (3) of section
1396	581.211, Florida Statutes, is amended to read:
1397	581.211  Penalties for violations.-
1398	(3)(a)1.  In addition to any other provision of law, the
1399	department may, after notice and hearing, impose an
1400	administrative fine not exceeding $10,000 $5,000 for each
1401	violation of this chapter, upon any person, nurseryman, stock
1402	dealer, agent or plant broker. The fine, when paid, shall be
1403	deposited in the Plant Industry Trust Fund. In addition, the
1404	department may place the violator on probation for up to 1 year,
1405	with conditions.
1406	2.  The imposition of a fine or probation pursuant to this
1407	subsection may be in addition to or in lieu of the suspension or
1408	revocation of a certificate of registration or certificate of
1409	inspection.
1410	Section 43.  Section 583.13, Florida Statutes, is amended
1411	to read:
1412	583.13  Labeling and advertising requirements for dressed
1413	poultry; unlawful acts.-
1414	(1)  It is unlawful for any dealer or broker to sell, offer
1415	for sale, or hold for the purpose of sale in the state any
1416	dressed or ready-to-cook poultry in bulk unless the such poultry
1417	is packed in a container clearly bearing a label, not less than
1418	3 inches by 5 inches, on which shall be plainly and legibly
1419	printed, in letters of not less than 1/4 inch high in height,
1420	the grade and the part name or whole-bird statement of such
1421	poultry. The grade may be expressed in the term "premium,"
1422	"good," or "standard," or as the grade of another state or
1423	federal agency the standards of quality of which, by law, are
1424	equal to the standards of quality provided by this law and rules
1425	promulgated hereunder.
1426	(2)  It is unlawful to sell unpackaged dressed or ready-to-
1427	cook poultry at retail unless such poultry is labeled by a
1428	placard immediately adjacent to the poultry or unless each bird
1429	is individually labeled to show the grade and the part name or
1430	whole-bird statement. The placard shall be no smaller than 7
1431	inches by 7 inches in size, and the required labeling
1432	information shall be legibly and plainly printed on the placard
1433	in letters not smaller than 1 inch in height.
1434	(3)  It is unlawful to sell packaged dressed or ready-to-
1435	cook poultry at retail unless such poultry is labeled to show
1436	the grade, the part name or whole-bird statement, the net weight
1437	of the poultry, and the name and address of the dealer. The size
1438	of the type on the label must be one-eighth inch or larger. A
1439	placard immediately adjacent to such poultry may be used to
1440	indicate the grade and the part name or whole-bird statement,
1441	but not the net weight of the poultry or the name and address of
1442	the dealer.
1443	(4)  It is unlawful to use dressed or ready-to-cook poultry
1444	in bulk in the preparation of food served to the public, or to
1445	hold such poultry for the purpose of such use, unless the
1446	poultry when received was packed in a container clearly bearing
1447	a label, not less than 3 inches by 5 inches, on which was
1448	plainly and legibly printed, in letters not less than 1/4 one-
1449	fourth inch high in height, the grade and the part name or
1450	whole-bird statement of such poultry. The grade may be expressed
1451	in the term "premium," "good," or "standard," or as the grade of
1452	another state or federal agency the standards of quality of
1453	which, by law, are equal to the standards of quality provided by
1454	this law and rules promulgated hereunder.
1455	(5)  It is unlawful to offer dressed or ready-to-cook
1456	poultry for sale in any advertisement in a newspaper or
1457	circular, on radio or television, or in any other form of
1458	advertising without plainly designating in such advertisement
1459	the grade and the part name or whole-bird statement of such
1460	poultry.
1461	Section 44.  Subsections (4) and (5) of section 590.125,
1462	Florida Statutes, are renumbered as subsections (5) and (6),
1463	respectively, subsection (1), paragraph (b) of subsection (3),
1464	and paragraph (c) of present subsection (4) are amended, and new
1465	subsections (4) and (7) are added to that section, to read:
1466	590.125  Open burning authorized by the division.-
1467	(1)  DEFINITIONS.-As used in this section, the term:
1468	(a)  "Certified pile burner" means an individual who
1469	successfully completes the division's pile burning certification
1470	program and possesses a valid pile burner certification number.
1471	(b)  "Certified prescribed burn manager" means an
1472	individual who successfully completes the certified prescribed
1473	burning certification program of the division and possesses a
1474	valid certification number.
1475	(c)(d)  "Extinguished" means:
1476	1.  that no spreading flame For wild land burning or
1477	certified prescribed burning, that no spreading flames exist.
1478	2.  and no visible flame, smoke, or emissions For
1479	vegetative land-clearing debris burning or pile burning, that no
1480	visible flames exist.
1481	3.  For vegetative land-clearing debris burning or pile
1482	burning in an area designated as smoke sensitive by the
1483	division, that no visible flames, smoke, or emissions exist.
1484	(d)  "Land-clearing operation" means the uprooting or
1485	clearing of vegetation in connection with the construction of
1486	buildings and rights-of-way, land development, and mineral
1487	operations. The term does not include the clearing of yard
1488	trash.
1489	(e)  "Pile burning" means the burning of silvicultural,
1490	agricultural, or land-clearing and tree-cutting debris
1491	originating onsite, which is stacked together in a round or
1492	linear fashion, including, but not limited to, a windrow.
1493	(f)(a)  "Prescribed burning" means the controlled
1494	application of fire in accordance with a written prescription
1495	for vegetative fuels under specified environmental conditions
1496	while following appropriate precautionary measures that ensure
1497	that the fire is confined to a predetermined area to accomplish
1498	the planned fire or land-management objectives.
1499	(g)(c)  "Prescription" means a written plan establishing
1500	the criteria necessary for starting, controlling, and
1501	extinguishing a prescribed burn.
1502	(h)  "Yard trash" means vegetative matter resulting from
1503	landscaping and yard maintenance operations and other such
1504	routine property cleanup activities. The term includes materials
1505	such as leaves, shrub trimmings, grass clippings, brush, and
1506	palm fronds.
1507	(3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
1508	PURPOSE.-
1509	(b)  Certified prescribed burning pertains only to
1510	broadcast burning for purposes of silviculture, wildlife
1511	management, ecological maintenance and restoration, and range
1512	and pasture management. It must be conducted in accordance with
1513	this subsection and:
1514	1.  May be accomplished only when a certified prescribed
1515	burn manager is present on site with a copy of the prescription
1516	from ignition of the burn to its completion.
1517	2.  Requires that a written prescription be prepared before
1518	receiving authorization to burn from the division.
1519	3.  Requires that the specific consent of the landowner or
1520	his or her designee be obtained before requesting an
1521	authorization.
1522	4.  Requires that an authorization to burn be obtained from
1523	the division before igniting the burn.
1524	5.  Requires that there be adequate firebreaks at the burn
1525	site and sufficient personnel and firefighting equipment for the
1526	control of the fire.
1527	6.  Is considered to be in the public interest and does not
1528	constitute a public or private nuisance when conducted under
1529	applicable state air pollution statutes and rules.
1530	7.  Is considered to be a property right of the property
1531	owner if vegetative fuels are burned as required in this
1532	subsection.
1533	(4)  CERTIFIED PILE BURNING; LEGISLATIVE FINDINGS AND
1534	PURPOSE.-
1535	(a)  Pile burning is a tool that benefits current and
1536	future generations in Florida by disposing of naturally
1537	occurring vegetative debris through burning rather than
1538	disposing of the debris in landfills.
1539	(b)  Certified pile burning pertains to the disposal of
1540	piled, naturally occurring debris from an agricultural,
1541	silvicultural, or temporary land-clearing operation. A land-
1542	clearing operation is temporary if it operates for 6 months or
1543	less. Certified pile burning must be conducted in accordance
1544	with this subsection, and:
1545	1.  A certified pile burner must ensure, before ignition,
1546	that the piles are properly placed and that the content of the
1547	piles is conducive to efficient burning.
1548	2.  A certified pile burner must ensure that the piles are
1549	properly extinguished no later than 1 hour after sunset. If the
1550	burn is conducted in an area designated by the division as smoke
1551	sensitive, a certified pile burner must ensure that the piles
1552	are properly extinguished at least 1 hour before sunset.
1553	3.  A written pile burn plan must be prepared before
1554	receiving authorization from the division to burn.
1555	4.  The specific consent of the landowner or his or her
1556	agent must be obtained before requesting authorization to burn.
1557	5.  An authorization to burn must be obtained from the
1558	division or its designated agent before igniting the burn.
1559	6.  There must be adequate firebreaks and sufficient
1560	personnel and firefighting equipment at the burn site to control
1561	the fire.
1562	(c)  If a burn is conducted in accordance with this
1563	subsection, the property owner and his or her agent are not
1564	liable under s. 590.13 for damage or injury caused by the fire
1565	or resulting smoke, and are not in violation of subsection (2),
1566	unless gross negligence is proven.
1567	(d)  A certified pile burner who violates this section
1568	commits a misdemeanor of the second degree, punishable as
1569	provided in s. 775.082 or s. 775.083.
1570	(e)  The division shall adopt rules regulating certified
1571	pile burning. The rules shall include procedures and criteria
1572	for certifying and decertifying certified pile burn managers
1573	based on past experience, training, and record of compliance
1574	with this section.
1575	(5)(4)  WILDFIRE HAZARD REDUCTION TREATMENT BY THE
1576	DIVISION.-The division may conduct fuel reduction initiatives,
1577	including, but not limited to, burning and mechanical and
1578	chemical treatment, on any area of wild land within the state
1579	which is reasonably determined to be in danger of wildfire in
1580	accordance with the following procedures:
1581	(c)  Prepare, and send the county tax collector shall
1582	include with the annual tax statement, a notice to be sent to
1583	all landowners in each area township designated by the division
1584	as a wildfire hazard area. The notice must describe particularly
1585	the area to be treated and the tentative date or dates of the
1586	treatment and must list the reasons for and the expected
1587	benefits from the wildfire hazard reduction.
1588	(7)  DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING
1589	AUTHORIZATION PROGRAMS.-
1590	(a)  A county or municipality may exercise the division's
1591	authority, if delegated by the division under this subsection,
1592	to issue authorizations for the burning of yard trash or debris
1593	from land-clearing operations. A county's or municipality's
1594	existing or proposed open burning authorization program must:
1595	1.  Be approved by the division. The division shall not
1596	approve a program if it fails to meet the requirements of
1597	subsections (2) and (4) and any rules adopted under those
1598	subsections.
1599	2.  Provide by ordinance or local law the requirements for
1600	obtaining and performing a burn authorization that comply with
1601	subsections (2) and (4) and any rules adopted under those
1602	subsections.
1603	3.  Provide for the enforcement of the program's
1604	requirements.
1605	4.  Provide financial, personnel, and other resources
1606	needed to carry out the program.
1607	(b)  If the division determines that a county's or
1608	municipality's open burning authorization program does not
1609	comply with subsections (2) and (4) and any rules adopted under
1610	those subsections, the division shall require the county or
1611	municipality to take necessary corrective actions within a
1612	reasonable period, not to exceed 90 days.
1613	1.  If the county or municipality fails to take the
1614	necessary corrective actions within the required period, the
1615	division shall resume administration of the open burning
1616	authorization program in the county or municipality and the
1617	county or municipality shall cease administration of its
1618	program.
1619	2.  Each county and municipality administering an open
1620	burning authorization program must cooperate with and assist the
1621	division in carrying out the division's powers, duties, and
1622	functions.
1623	3.  A person who violates the requirements of a county's or
1624	municipality's open burning authorization program, as provided
1625	by ordinance or local law enacted pursuant to this section,
1626	commits a violation of this chapter, punishable as provided in
1627	s. 590.14.
1628	Section 45.  Section 590.14, Florida Statutes, is amended
1629	to read:
1630	590.14  Notice of violation; penalties.-
1631	(1)  If a division employee determines that a person has
1632	violated chapter 589, or this chapter, or any rule adopted by
1633	the division to administer provisions of law conferring duties
1634	upon the division, the division employee he or she may issue a
1635	notice of violation indicating the statute violated. This notice
1636	will be filed with the division and a copy forwarded to the
1637	appropriate law enforcement entity for further action if
1638	necessary.
1639	(2)  In addition to any penalties provided by law, any
1640	person who causes a wildfire or permits any authorized fire to
1641	escape the boundaries of the authorization or to burn past the
1642	time of the authorization is liable for the payment of all
1643	reasonable costs and expenses incurred in suppressing the fire
1644	or $150, whichever is greater. All costs and expenses incurred
1645	by the division shall be payable to the division. When such
1646	costs and expenses are not paid within 30 days after demand, the
1647	division may take proper legal proceedings for the collection of
1648	the costs and expenses. Those costs incurred by an agency acting
1649	at the division's direction are recoverable by that agency.
1650	(3)  The department may also impose an administrative fine,
1651	not to exceed $1,000 per violation of any section of chapter 589
1652	or this chapter or violation of any rule adopted by the division
1653	to administer provisions of law conferring duties upon the
1654	division. The fine shall be based upon the degree of damage, the
1655	prior violation record of the person, and whether the person
1656	knowingly provided false information to obtain an authorization.
1657	The fines shall be deposited in the Incidental Trust Fund of the
1658	division.
1659	(4)  A person may not:
1660	(a)  Fail to comply with any rule or order adopted by the
1661	division to administer provisions of law conferring duties upon
1662	the division; or
1663	(b)  Knowingly make any false statement or representation
1664	in any application, record, plan, or other document required by
1665	this chapter or any rules adopted under this chapter.
1666	(5)  A person who violates paragraph (4)(a) or paragraph
1667	(4)(b) commits a misdemeanor of the second degree, punishable as
1668	provided in s. 775.082 or s. 775.083.
1669	(6)  It is the intent of the Legislature that a penalty
1670	imposed by a court under subsection (5) be of a severity that
1671	ensures immediate and continued compliance with this section.
1672	(7)(4)  The penalties provided in this section shall extend
1673	to both the actual violator and the person or persons, firm, or
1674	corporation causing, directing, or permitting the violation.
1675	Section 46.  Paragraph (a) of subsection (1) of section
1676	599.004, Florida Statutes, is amended to read:
1677	599.004  Florida Farm Winery Program; registration; logo;
1678	fees.-
1679	(1)  The Florida Farm Winery Program is established within
1680	the Department of Agriculture and Consumer Services. Under this
1681	program, a winery may qualify as a tourist attraction only if it
1682	is registered with and certified by the department as a Florida
1683	Farm Winery. A winery may not claim to be certified unless it
1684	has received written approval from the department.
1685	(a)  To qualify as a certified Florida Farm Winery, a
1686	winery shall meet the following standards:
1687	1.  Produce or sell less than 250,000 gallons of wine
1688	annually.
1689	2.  Maintain a minimum of 10 acres of owned or managed land
1690	vineyards in Florida which produces commodities used in the
1691	production of wine.
1692	3.  Be open to the public for tours, tastings, and sales at
1693	least 30 hours each week.
1694	4.  Make annual application to the department for
1695	recognition as a Florida Farm Winery, on forms provided by the
1696	department.
1697	5.  Pay an annual application and registration fee of $100.
1698	Section 47.  Subsection (1) of section 604.15, Florida
1699	Statutes, is amended, and subsection (11) is added to that
1700	section, to read:
1701	604.15  Dealers in agricultural products; definitions.-For
1702	the purpose of ss. 604.15-604.34, the following words and terms,
1703	when used, shall be construed to mean:
1704	(1)  "Agricultural products" means the natural products of
1705	the farm, nursery, grove, orchard, vineyard, garden, and apiary
1706	(raw or manufactured); sod; tropical foliage; horticulture; hay;
1707	livestock; milk and milk products; poultry and poultry products;
1708	the fruit of the saw palmetto (meaning the fruit of the Serenoa
1709	repens); limes (meaning the fruit Citrus aurantifolia, variety
1710	Persian, Tahiti, Bearss, or Florida Key limes); and any other
1711	nonexempt agricultural products produced in the state, except
1712	tobacco, sugarcane, tropical foliage, timber and timber
1713	byproducts, forest products as defined in s. 591.17, and citrus
1714	other than limes.
1715	(11)  "Responsible position" means a position within the
1716	business of a dealer in agricultural products that has the
1717	authority to negotiate or make the purchase of agricultural
1718	products on behalf of the dealer's business or has principal
1719	active management authority over the business decisions,
1720	actions, and activities of the dealer's business in this state.
1721	Section 48.  Section 604.19, Florida Statutes, is amended
1722	to read:
1723	604.19  License; fee; bond; certificate of deposit;
1724	penalty.-Unless the department refuses the application on one or
1725	more of the grounds provided in this section, it shall issue to
1726	an applicant, upon the payment of required fees and the
1727	execution and delivery of a bond or certificate of deposit as
1728	provided in this section, a state license entitling the
1729	applicant to conduct business as a dealer in agricultural
1730	products for a 1-year period to coincide with the effective
1731	period of the bond or certificate of deposit furnished by the
1732	applicant. During the 1-year period covered by a license, if the
1733	supporting surety bond or certificate of deposit is canceled for
1734	any reason, the license shall automatically expire on the date
1735	the surety bond or certificate of deposit terminates, unless an
1736	acceptable replacement is in effect before the date of
1737	termination so that continual coverage occurs for the remaining
1738	period of the license. A surety company shall give the
1739	department a 30-day written notice of cancellation by certified
1740	mail in order to cancel a bond. Cancellation of a bond or
1741	certificate of deposit does shall not relieve a surety company
1742	or financial institution of liability for purchases or sales
1743	occurring while the bond or certificate of deposit was in
1744	effect. The license fee, which must be paid for the principal
1745	place of business for a dealer in agricultural products, shall
1746	be based upon the amount of the dealer's surety bond or
1747	certificate of deposit furnished by each dealer under the
1748	provisions of s. 604.20 and may not exceed $500. For each
1749	additional place in which the applicant desires to conduct
1750	business and which the applicant names in the application, the
1751	additional license fee must be paid but may not exceed $100
1752	annually. If a Should any dealer in agricultural products fails,
1753	refuses, or neglects fail, refuse, or neglect to apply and
1754	qualify for the renewal of a license on or before its the date
1755	of expiration date thereof, a penalty not to exceed $100 shall
1756	apply to and be added to the original license fee for the
1757	principal place of business and to the license fee for each
1758	additional place of business named in the application and shall
1759	be paid by the applicant before the renewal license may be
1760	issued. The department by rule shall prescribe fee amounts
1761	sufficient to fund ss. 604.15-604.34.
1762	Section 49.  Subsections (1) and (4) of section 604.20,
1763	Florida Statutes, are amended to read:
1764	604.20  Bond or certificate of deposit prerequisite;
1765	amount; form.-
1766	(1)  Before any license is issued, the applicant therefor
1767	shall make and deliver to the department a surety bond or
1768	certificate of deposit in the amount of at least $5,000 or in
1769	such greater amount as the department may determine. No bond or
1770	certificate of deposit may be in an amount less than $5,000. The
1771	penal sum of the bond or certificate of deposit to be furnished
1772	to the department by an applicant for license as a dealer in
1773	agricultural products shall be in an amount equal to twice the
1774	average of the monthly dollar amounts amount of agricultural
1775	products handled for a Florida producer or a producer's agent or
1776	representative, by purchase or otherwise, during the month of
1777	maximum transaction in such products during the preceding 12-
1778	month period. Only those months in which the applicant handled,
1779	by purchase or otherwise, amounts equal to or greater than
1780	$1,000 shall be used to calculate the penal sum of the required
1781	bond or certificate of deposit. An applicant for license who has
1782	not handled agricultural products for a Florida producer or a
1783	producer's agent or representative, by purchase or otherwise,
1784	during the preceding 12-month period shall furnish a bond or
1785	certificate of deposit in an amount equal to twice the estimated
1786	average of the monthly dollar amounts amount of such
1787	agricultural products to be handled, by purchase or otherwise,
1788	during the month of maximum transaction during the next
1789	immediate 12 months. Only those months in which the applicant
1790	anticipates handling, by purchase or otherwise, amounts equal to
1791	or greater than $1,000 shall be used to calculate the penal sum
1792	of the required bond or certificate of deposit. Such bond or
1793	certificate of deposit shall be provided or assigned in the
1794	exact name in which the dealer will conduct business subject to
1795	the provisions of ss. 604.15-604.34. Such bond must be executed
1796	by a surety company authorized to transact business in the
1797	state. For the purposes of ss. 604.19-604.21, the term
1798	"certificate of deposit" means a certificate of deposit at any
1799	recognized financial institution doing business in the United
1800	States. No certificate of deposit may be accepted in connection
1801	with an application for a dealer's license unless the issuing
1802	institution is properly insured by either the Federal Deposit
1803	Insurance Corporation or the Federal Savings and Loan Insurance
1804	Corporation. Such bond or any certificate of deposit assignment
1805	or agreement shall be upon a form prescribed or approved by the
1806	department and shall be conditioned to secure the faithful
1807	accounting for and payment, in the manner prescribed by s.
1808	604.21(9), to producers or their agents or representatives of
1809	the proceeds of all agricultural products handled or purchased
1810	by such dealer, and to secure payment to dealers who sell
1811	agricultural products to such dealer, and to pay any claims or
1812	costs ordered under s. 604.21 as the result of a complaint. Such
1813	bond or certificate of deposit assignment or agreement shall
1814	include terms binding the instrument to the Commissioner of
1815	Agriculture. A certificate of deposit shall be presented with an
1816	assignment of applicant's rights in the certificate in favor of
1817	the Commissioner of Agriculture on a form prescribed by the
1818	department and with a letter from the issuing institution
1819	acknowledging that the assignment has been properly recorded on
1820	the books of the issuing institution and will be honored by the
1821	issuing institution. Such assignment shall be irrevocable while
1822	the dealer's license is in effect and for an additional period
1823	of 6 months after the termination or expiration of the dealer's
1824	license, provided no complaint is pending against the licensee.
1825	If a complaint is pending, the assignment shall remain in effect
1826	until all actions on the complaint have been finalized. The
1827	certificate of deposit may be released by the assignee of the
1828	financial institution to the licensee or the licensee's
1829	successors, assignee, or heirs if no claims are pending against
1830	the licensee before the department at the conclusion of 6 months
1831	after the last effective date of the license. No certificate of
1832	deposit shall be accepted that contains any provision that would
1833	give the issuing institution any prior rights or claim on the
1834	proceeds or principal of such certificate of deposit. The
1835	department shall determine by rule the maximum amount of bond or
1836	certificate of deposit required of a dealer and whether an
1837	annual bond or certificate of deposit will be required.
1838	(4)  The department may issue a conditional license to an
1839	applicant who is unable to provide a single bond or certificate
1840	of deposit in the full amount required by the calculation in
1841	subsection (1). The conditional license shall remain in effect
1842	for a 1-year period to coincide with the effective period of the
1843	bond or certificate of deposit furnished by the applicant. The
1844	applicant must provide at least the minimum $5,000 bond or
1845	certificate of deposit as provided in subsection (1) together
1846	with documentation from each of three separate bonding companies
1847	denying the applicant's request for a surety bond in the full
1848	amount required in subsection (1) and one of the following:
1849	(a)  A notarized affidavit limiting the handling of
1850	agricultural products, by purchase or otherwise, during their
1851	largest month to a minimum of one-half the amount of the bond or
1852	certificate of deposit provided by the applicant;
1853	(b)  A notarized affidavit stating that any subject
1854	agricultural products, handled by purchase or otherwise,
1855	exceeding one-half of the amount of the bond or certificate of
1856	deposit will be handled under the exemption provisions set forth
1857	in s. 604.16(2); or
1858	(c)  A second bond or certificate of deposit in such an
1859	amount that, when the penal sum of the second bond or
1860	certificate of deposit is added to the penal sum of the first
1861	bond or certificate of deposit, the combined penal sum will
1862	equal twice the dollar amount of agricultural products handled
1863	for a Florida producer or a producer's agent or representative,
1864	by purchase or otherwise, during the month of maximum
1865	transaction in such products during the preceding 12-month
1866	period.
1867
1868	The department or its agents may require from any licensee who
1869	is issued a conditional license verified statements of the
1870	volume of the licensee's business or may review the licensee's
1871	records at the licensee's place of business during normal
1872	business hours to determine the licensee's adherence to the
1873	conditions of the license. The failure of a licensee to furnish
1874	such statement or to make such records available shall be cause
1875	for suspension of the licensee's conditional license. If the
1876	department finds such failure to be willful, the conditional
1877	license may be revoked.
1878	Section 50.  Section 604.25, Florida Statutes, is amended
1879	to read:
1880	604.25  Denial of, refusal to renew grant, or suspension or
1881	revocation of, license.-
1882	(1)  The department may deny, refuse to renew, decline to
1883	grant a license or may suspend or revoke a license already
1884	granted if the applicant or licensee has:
1885	(1)(a)  Suffered a monetary judgment entered against the
1886	applicant or licensee upon which is execution has been returned
1887	unsatisfied;
1888	(2)(b)  Made false charges for handling or services
1889	rendered;
1890	(3)(c)  Failed to account promptly and properly or to make
1891	settlements with any producer;
1892	(4)(d)  Made any false statement or statements as to
1893	condition, quality, or quantity of goods received or held for
1894	sale when the true condition, quality, or quantity could have
1895	been ascertained by reasonable inspection;
1896	(5)(e)  Made any false or misleading statement or
1897	statements as to market conditions or service rendered;
1898	(6)(f)  Been guilty of a fraud in the attempt to procure,
1899	or the procurement of, a license;
1900	(7)(g)  Directly or indirectly sold agricultural products
1901	received on consignment or on a net return basis for her or his
1902	own account, without prior authority from the producer
1903	consigning the same, or without notifying such producer;
1904	(8)(h)  Failed to prevent a person from holding a position
1905	as the applicant's or licensee's owner, officer, director,
1906	general or managing partner, or employee Employed in a
1907	responsible position a person, or holding any other similarly
1908	situated position, if the person holds or has held a similar
1909	position with any entity that an officer of a corporation, who
1910	has failed to fully comply with an order of the department, has
1911	not satisfied a civil judgment held by the department, has
1912	pending any administrative or civil enforcement action by the
1913	department, or has pending any criminal charges pursuant to s.
1914	604.30 at any time within 1 year after issuance;
1915	(9)(i)  Violated any statute or rule relating to the
1916	purchase or sale of any agricultural product, whether or not
1917	such transaction is subject to the provisions of this chapter;
1918	or
1919	(10)(j)  Failed to submit to the department an application,
1920	appropriate license fees, and an acceptable surety bond or
1921	certificate of deposit; or.
1922	(11)(2)  Failed If a licensee fails or refused refuses to
1923	comply in full with an order of the department or failed to
1924	satisfy a civil judgment owed to the department, her or his
1925	license may be suspended or revoked, in which case she or he
1926	shall not be eligible for license for a period of 1 year or
1927	until she or he has fully complied with the order of the
1928	department.
1929	(3)  No person, or officer of a corporation, whose license
1930	has been suspended or revoked for failure to comply with an
1931	order of the department may hold a responsible position with a
1932	licensee for a period of 1 year or until the order of the
1933	department has been fully complied with.
1934	Section 51.  Subsection (4) of section 686.201, Florida
1935	Statutes, is amended to read:
1936	686.201  Sales representative contracts involving
1937	commissions; requirements; termination of agreement; civil
1938	remedies.-
1939	(4)  This section does not apply to:
1940	(a)  Persons licensed pursuant to chapter 475 who are
1941	performing services within the scope of their license.
1942	(b)  Contracts to which a seller of travel as defined in s.
1943	559.927 is a party.
1944	Section 52.  Paragraph (c) of subsection (5) of section
1945	790.06, Florida Statutes, is amended to read:
1946	790.06  License to carry concealed weapon or firearm.-
1947	(5)  The applicant shall submit to the Department of
1948	Agriculture and Consumer Services:
1949	(c)  A full set of fingerprints of the applicant
1950	administered by a law enforcement agency or the Division of
1951	Licensing of the Department of Agriculture and Consumer
1952	Services.
1953	Section 53.  Sections 570.071 and 570.901, Florida
1954	Statutes, are repealed.
1955	Section 54.  This act shall take effect July 1, 2010.

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