CS/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. 604.25, F.S.; revising
153	conditions under which the department may deny, refuse to
154	renew, suspend, or revoke agricultural products dealer
155	licenses; deleting a provision prohibiting certain persons
156	from holding a responsible position with a licensee;
157	amending s. 616.242, F.S.; authorizing the issuance of
158	stop-operation orders for amusement rides under certain
159	circumstances; amending s. 686.201, F.S.; exempting
160	contracts involving a seller of travel from requirements
161	for certain sales representative contracts; amending s.
162	790.06, F.S.; authorizing a concealed firearm license
163	applicant to submit fingerprints administered by the
164	Division of Licensing; repealing ss. 570.071 and 570.901,
165	F.S., relating to the Florida Agricultural Exposition and
166	the Florida Agricultural Museum; providing an effective
167	date.
168
169	Be It Enacted by the Legislature of the State of Florida:
170
171	Section 1.  Section 403.9336, Florida Statutes, is amended
172	to read:
173	403.9336  Legislative findings.-The Legislature finds that
174	the implementation of the Model Ordinance for Florida-Friendly
175	Fertilizer Use on Urban Landscapes (2008), which was developed
176	by the department in conjunction with the Florida Consumer
177	Fertilizer Task Force, the Department of Agriculture and
178	Consumer Services, and the University of Florida Institute of
179	Food and Agricultural Sciences, will assist in protecting the
180	quality of Florida's surface water and groundwater resources.
181	The Legislature further finds that local conditions, including
182	variations in the types and quality of water bodies, site-
183	specific soils and geology, and urban or rural densities and
184	characteristics, may necessitate the implementation of
185	additional or more stringent fertilizer management practices at
186	the local government level.
187	Section 2.  Section 403.9337, Florida Statutes, is amended
188	to read:
189	403.9337  Model Ordinance for Florida-Friendly Fertilizer
190	Use on Urban Landscapes.-
191	(1)  All county and municipal governments are encouraged to
192	adopt and enforce the Model Ordinance for Florida-Friendly
193	Fertilizer Use on Urban Landscapes (2009) as developed by the
194	department in conjunction with the Florida Consumer Fertilizer
195	Task Force, the Department of Agriculture and Consumer Services,
196	and the University of Florida's Institute of Food and
197	Agricultural Sciences, which the department may periodically
198	update and adopt by rule, or an equivalent requirement as a
199	mechanism for protecting local surface and groundwater quality.
200	(2)  Each county and municipal government located within
201	the watershed of a water body or water segment that is listed as
202	impaired by nutrients pursuant to s. 403.067, must shall, at a
203	minimum, adopt the most recent version of the department's Model
204	Ordinance for Florida-Friendly Fertilizer Use on Urban
205	Landscapes. A local government may adopt additional or more
206	stringent standards than the model ordinance if, before
207	adoption, the following criteria are met:
208	(a)  The local government has implemented demonstrated, as
209	part of a comprehensive program to address nonpoint sources of
210	nutrient pollution but which is science-based, and economically
211	and technically feasible, that additional or more stringent
212	standards than the model ordinance are necessary in order to
213	adequately address urban fertilizer contributions to nonpoint
214	source nutrient loading to a water body. A comprehensive program
215	may include:
216	1.  Nonpoint source activities adopted as part of a basin
217	management plan developed pursuant to s. 403.067(7);
218	2.  Adoption of Florida-friendly landscaping requirements,
219	as provided in s. 373.185, into the local government's
220	development code; or
221	3.  The requirement for and enforcement of the
222	implementation of low-impact development practices.
223	(b)  The local government has convened a workgroup composed
224	of: a representative of the local government appointed by its
225	governing body; a representative of the fertilizer applicator
226	industry appointed by the Florida Nursery, Growers, and
227	Landscape Association, Inc.; a representative of a retail
228	business that sells fertilizer appointed by the Florida Retail
229	Federation, Inc.; a representative of the Department of
230	Environmental Protection; and a representative of the Department
231	of Agriculture and Consumer Services, and the committee has
232	conducted a review and provided a report that addresses the
233	economical and technical feasibility of enforcing the proposed
234	additional or more stringent standards.
235	(c)(b)  The local government documents in the public record
236	the need for more stringent standards, including the
237	scientifically documented vulnerability of waters within the
238	local government's jurisdiction to nutrient enrichment due to
239	landforms, soils, hydrology, climate, or geology, and the local
240	government documents that it has requested and considered all
241	relevant scientific information, including input from the
242	department, the institute, the Department of Agriculture and
243	Consumer Services, and the University of Florida's Florida
244	Institute of Food and Agricultural Sciences, if provided, on the
245	need for additional or more stringent provisions to address
246	fertilizer use as a contributor to water quality degradation. If
247	two or more entities providing such input question the
248	scientific basis of the proposed standards, the local government
249	shall, before adoption of the standards, address their specific
250	concerns to the maximum extent practicable. All documentation
251	must become part of the public record before adoption of the
252	additional or more stringent criteria.
253	(3)  Any county or municipal government that adopted its
254	own fertilizer use ordinance before January 1, 2009, is exempt
255	from this section. Ordinances adopted or amended on or after
256	January 1, 2009, must substantively conform to the most recent
257	version of the model fertilizer ordinance and are subject to
258	subsections (1) and (2), as applicable.
259	(4)  This section does not apply to the use of fertilizer:
260	(a)  On farm operations as defined in s. 823.14; or
261	(b)  On lands classified as agricultural lands pursuant to
262	s. 193.461; or
263	(c)  On lands currently used or identified for use as part
264	of urban stormwater, water quality, agronomic, or horticultural
265	research.
266	Section 3.  Subsection (1) of section 493.6102, Florida
267	Statutes, is amended to read:
268	493.6102  Inapplicability of this chapter.-This chapter
269	shall not apply to:
270	(1)  Any individual who is an "officer" as defined in s.
271	943.10(14), or is a law enforcement officer of the United States
272	Government, while the such local, state, or federal officer is
273	engaged in her or his official duties or, if approved by the
274	officer's supervisors, when performing off-duty activities as a
275	security officer activities approved by her or his superiors.
276	Section 4.  Section 493.6105, Florida Statutes, is amended
277	to read:
278	493.6105  Initial application for license.-
279	(1)  Each individual, partner, or principal officer in a
280	corporation, shall file with the department a complete
281	application accompanied by an application fee not to exceed $60,
282	except that the applicant for a Class "D" or Class "G" license
283	is shall not be required to submit an application fee. The
284	application fee is shall not be refundable.
285	(a)  The application submitted by any individual, partner,
286	or corporate officer must shall be approved by the department
287	before the prior to that individual, partner, or corporate
288	officer assumes assuming his or her duties.
289	(b)  Individuals who invest in the ownership of a licensed
290	agency, but do not participate in, direct, or control the
291	operations of the agency are shall not be required to file an
292	application.
293	(2)  Each application must shall be signed and verified by
294	the individual under oath as provided in s. 92.525 and shall be
295	notarized.
296	(3)  The application must shall contain the following
297	information concerning the individual signing the application
298	same:
299	(a)  Name and any aliases.
300	(b)  Age and date of birth.
301	(c)  Place of birth.
302	(d)  Social security number or alien registration number,
303	whichever is applicable.
304	(e)  Current Present residence address and his or her
305	residence addresses within the 5 years immediately preceding the
306	submission of the application.
307	(f)  Occupations held presently and within the 5 years
308	immediately preceding the submission of the application.
309	(f)(g)  A statement of all criminal convictions, findings
310	of guilt, and pleas of guilty or nolo contendere, regardless of
311	adjudication of guilt.
312	(g)  One passport-type color photograph taken within the 6
313	months immediately preceding submission of the application.
314	(h)  A statement whether he or she has ever been
315	adjudicated incompetent under chapter 744.
316	(i)  A statement whether he or she has ever been committed
317	to a mental institution under chapter 394.
318	(j)  A full set of fingerprints on a card provided by the
319	department and a fingerprint fee to be established by rule of
320	the department based upon costs determined by state and federal
321	agency charges and department processing costs. An applicant who
322	has, within the immediately preceding 6 months, submitted a
323	fingerprint card and fee for licensing purposes under this
324	chapter shall not be required to submit another fingerprint card
325	or fee.
326	(k)  A personal inquiry waiver which allows the department
327	to conduct necessary investigations to satisfy the requirements
328	of this chapter.
329	(l)  Such further facts as may be required by the
330	department to show that the individual signing the application
331	is of good moral character and qualified by experience and
332	training to satisfy the requirements of this chapter.
333	(4)  In addition to the application requirements outlined
334	in subsection (3), the applicant for a Class "C," Class "CC,"
335	Class "E," Class "EE," or Class "G" license shall submit two
336	color photographs taken within the 6 months immediately
337	preceding the submission of the application, which meet
338	specifications prescribed by rule of the department. All other
339	applicants shall submit one photograph taken within the 6 months
340	immediately preceding the submission of the application.
341	(4)(5)  In addition to the application requirements
342	outlined under subsection (3), the applicant for a Class "C,"
343	Class "E," Class "M," Class "MA," Class "MB," or Class "MR"
344	license shall include a statement on a form provided by the
345	department of the experience which he or she believes will
346	qualify him or her for such license.
347	(5)(6)  In addition to the requirements outlined in
348	subsection (3), an applicant for a Class "G" license shall
349	satisfy minimum training criteria for firearms established by
350	rule of the department, which training criteria shall include,
351	but is not limited to, 28 hours of range and classroom training
352	taught and administered by a Class "K" licensee; however, no
353	more than 8 hours of such training shall consist of range
354	training. If the applicant can show proof that he or she is an
355	active law enforcement officer currently certified under the
356	Criminal Justice Standards and Training Commission or has
357	completed the training required for that certification within
358	the last 12 months, or if the applicant submits one of the
359	certificates specified in paragraph (6)(a) (7)(a), the
360	department may waive the foregoing firearms training
361	requirement.
362	(6)(7)  In addition to the requirements under subsection
363	(3), an applicant for a Class "K" license shall:
364	(a)  Submit one of the following certificates:
365	1.  The Florida Criminal Justice Standards and Training
366	Commission Firearms Instructor's Certificate and confirmation by
367	the commission that the applicant is authorized to provide
368	firearms instruction.
369	2.  The National Rifle Association Law Enforcement Police
370	Firearms Instructor's Certificate.
371	3.  The National Rifle Association Security Firearms
372	Instructor's Certificate.
373	3.4.  A firearms instructor's training certificate issued
374	by any branch of the United States Armed Forces, from a federal
375	law enforcement academy or agency, state, county, or a law
376	enforcement municipal police academy or agency in this state
377	recognized as such by the Criminal Justice Standards and
378	Training Commission or by the Department of Education.
379	(b)  Pay the fee for and pass an examination administered
380	by the department which shall be based upon, but is not
381	necessarily limited to, a firearms instruction manual provided
382	by the department.
383	(7)(8)  In addition to the application requirements for
384	individuals, partners, or officers outlined under subsection
385	(3), the application for an agency license shall contain the
386	following information:
387	(a)  The proposed name under which the agency intends to
388	operate.
389	(b)  The street address, mailing address, and telephone
390	numbers of the principal location at which business is to be
391	conducted in this state.
392	(c)  The street address, mailing address, and telephone
393	numbers of all branch offices within this state.
394	(d)  The names and titles of all partners or, in the case
395	of a corporation, the names and titles of its principal
396	officers.
397	(8)(9)  Upon submission of a complete application, a Class
398	"CC," Class "C," Class "D," Class "EE," Class "E," Class "M,"
399	Class "MA," Class "MB," or Class "MR" applicant may commence
400	employment or appropriate duties for a licensed agency or branch
401	office. However, the Class "C" or Class "E" applicant must work
402	under the direction and control of a sponsoring licensee while
403	his or her application is being processed. If the department
404	denies application for licensure, the employment of the
405	applicant must be terminated immediately, unless he or she
406	performs only unregulated duties.
407	Section 5.  Paragraph (f) of subsection (1) and paragraph
408	(a) of subsection (2) of section 493.6106, Florida Statutes, are
409	amended, and paragraph (g) is added to subsection (1) of that
410	section, to read:
411	493.6106  License requirements; posting.-
412	(1)  Each individual licensed by the department must:
413	(f)  Be a citizen or permanent legal resident alien of the
414	United States or have appropriate been granted authorization
415	issued to seek employment in this country by the United States
416	Bureau of Citizenship and Immigration Services of the United
417	States Department of Homeland Security.
418	1.  An applicant for a Class "C," Class "CC," Class "D,"
419	Class "DI," Class "E," Class "EE," Class "M," Class "MA," Class
420	"MB," Class "MR," or Class "RI" license who is not a United
421	States citizen must submit proof of current employment
422	authorization issued by the United States Bureau of Citizenship
423	and Immigration Services or proof that she or he is deemed a
424	permanent legal resident alien by the United States Bureau of
425	Citizenship and Immigration Services.
426	2.  An applicant for a Class "G" or Class "K" license who
427	is not a United States citizen must submit proof that she or he
428	is deemed a permanent legal resident alien by the United States
429	Bureau of Citizenship and Immigration Services, together with
430	additional documentation establishing that she or he has resided
431	in the state of residence shown on the application for at least
432	90 consecutive days before the date that the application is
433	submitted.
434	3.  An applicant for an agency or school license who is not
435	a United States citizen or permanent legal resident alien must
436	submit documentation issued by the United States Bureau of
437	Citizenship and Immigration Services stating that she or he is
438	lawfully in the United States and is authorized to own and
439	operate the type of agency or school for which she or he is
440	applying. An employment authorization card issued by the United
441	States Bureau of Citizenship and Immigration Services is not
442	sufficient documentation.
443	(g)  Not be prohibited from purchasing or possessing a
444	firearm by state or federal law if the individual is applying
445	for a Class "G" license or a Class "K" license.
446	(2)  Each agency shall have a minimum of one physical
447	location within this state from which the normal business of the
448	agency is conducted, and this location shall be considered the
449	primary office for that agency in this state.
450	(a)  If an agency or branch office desires to change the
451	physical location of the business, as it appears on the agency
452	license, the department must be notified within 10 days of the
453	change, and, except upon renewal, the fee prescribed in s.
454	493.6107 must be submitted for each license requiring revision.
455	Each license requiring revision must be returned with such
456	notification.
457	Section 6.  Subsection (3) of section 493.6107, Florida
458	Statutes, is amended to read:
459	493.6107  Fees.-
460	(3)  The fees set forth in this section must be paid by
461	certified check or money order or, at the discretion of the
462	department, by agency check at the time the application is
463	approved, except that the applicant for a Class "G" or Class "M"
464	license must pay the license fee at the time the application is
465	made. If a license is revoked or denied or if the application is
466	withdrawn, the license fee shall not be refunded.
467	Section 7.  Paragraph (a) of subsection (1) and subsection
468	(3) of section 493.6108, Florida Statutes, are amended to read:
469	493.6108  Investigation of applicants by Department of
470	Agriculture and Consumer Services.-
471	(1)  Except as otherwise provided, prior to the issuance of
472	a license under this chapter, the department shall make an
473	investigation of the applicant for a license. The investigation
474	shall include:
475	(a)1.  An examination of fingerprint records and police
476	records. When a criminal history analysis of any applicant under
477	this chapter is performed by means of fingerprint card
478	identification, the time limitations prescribed by s. 120.60(1)
479	shall be tolled during the time the applicant's fingerprint card
480	is under review by the Department of Law Enforcement or the
481	United States Department of Justice, Federal Bureau of
482	Investigation.
483	2.  If a legible set of fingerprints, as determined by the
484	Department of Law Enforcement or the Federal Bureau of
485	Investigation, cannot be obtained after two attempts, the
486	Department of Agriculture and Consumer Services may determine
487	the applicant's eligibility based upon a criminal history record
488	check under the applicant's name conducted by the Department of
489	Law Enforcement if the and the Federal Bureau of Investigation.
490	A set of fingerprints are taken by a law enforcement agency or
491	the department and the applicant submits a written statement
492	signed by the fingerprint technician or a licensed physician
493	stating that there is a physical condition that precludes
494	obtaining a legible set of fingerprints or that the fingerprints
495	taken are the best that can be obtained is sufficient to meet
496	this requirement.
497	(3)  The department shall also investigate the mental
498	history and current mental and emotional fitness of any Class
499	"G" or Class "K" applicant, and may deny a Class "G" or Class
500	"K" license to anyone who has a history of mental illness or
501	drug or alcohol abuse.
502	Section 8.  Subsection (4) of section 493.6111, Florida
503	Statutes, is amended to read:
504	493.6111  License; contents; identification card.-
505	(4)  Notwithstanding the existence of a valid Florida
506	corporate registration, an no agency or school licensee may not
507	conduct activities regulated under this chapter under any
508	fictitious name without prior written authorization from the
509	department to use that name in the conduct of activities
510	regulated under this chapter. The department may not authorize
511	the use of a name which is so similar to that of a public
512	officer or agency, or of that used by another licensee, that the
513	public may be confused or misled thereby. The authorization for
514	the use of a fictitious name shall require, as a condition
515	precedent to the use of such name, the filing of a certificate
516	of engaging in business under a fictitious name under s. 865.09.
517	A No licensee may not shall be permitted to conduct business
518	under more than one fictitious name except as separately
519	licensed nor shall the license be valid to protect any licensee
520	who is engaged in the business under any name other than that
521	specified in the license. An agency desiring to change its
522	licensed name shall notify the department and, except upon
523	renewal, pay a fee not to exceed $30 for each license requiring
524	revision including those of all licensed employees except Class
525	"D" or Class "G" licensees. Upon the return of such licenses to
526	the department, revised licenses shall be provided.
527	Section 9.  Subsection (2) and paragraph (a) of subsection
528	(3) of section 493.6113, Florida Statutes, are amended to read:
529	493.6113  Renewal application for licensure.-
530	(2)  At least No less than 90 days before prior to the
531	expiration date of the license, the department shall mail a
532	written notice to the last known mailing residence address of
533	the licensee for individual licensees and to the last known
534	agency address for agencies.
535	(3)  Each licensee shall be responsible for renewing his or
536	her license on or before its expiration by filing with the
537	department an application for renewal accompanied by payment of
538	the prescribed license fee.
539	(a)  Each Class "B" Class "A," Class "B," or Class "R"
540	licensee shall additionally submit on a form prescribed by the
541	department a certification of insurance which evidences that the
542	licensee maintains coverage as required under s. 493.6110.
543	Section 10.  Subsection (8), paragraph (d) of subsection
544	(12), and subsection (16) of section 493.6115, Florida Statutes,
545	are amended to read:
546	493.6115  Weapons and firearms.-
547	(8)  A Class "G" applicant must satisfy the minimum
548	training criteria as set forth in s. 493.6105(5)(6) and as
549	established by rule of the department.
550	(12)  The department may issue a temporary Class "G"
551	license, on a case-by-case basis, if:
552	(d)  The applicant has received approval from the
553	department subsequent to its conduct of a criminal history
554	record check as authorized in s. 493.6108(1)(a)1. 493.6121(6).
555	(16)  If the criminal history record check program
556	referenced in s. 493.6108(1)(a)1. 493.6121(6) is inoperable, the
557	department may issue a temporary "G" license on a case-by-case
558	basis, provided that the applicant has met all statutory
559	requirements for the issuance of a temporary "G" license as
560	specified in subsection (12), excepting the criminal history
561	record check stipulated there; provided, that the department
562	requires that the licensed employer of the applicant conduct a
563	criminal history record check of the applicant pursuant to
564	standards set forth in rule by the department, and provide to
565	the department an affidavit containing such information and
566	statements as required by the department, including a statement
567	that the criminal history record check did not indicate the
568	existence of any criminal history that would prohibit licensure.
569	Failure to properly conduct such a check, or knowingly providing
570	incorrect or misleading information or statements in the
571	affidavit shall constitute grounds for disciplinary action
572	against the licensed agency, including revocation of license.
573	Section 11.  Paragraph (u) of subsection (1) of section
574	493.6118, Florida Statutes, is redesignated as paragraph (v),
575	and a new paragraph (u) is added to that subsection to read:
576	493.6118  Grounds for disciplinary action.-
577	(1)  The following constitute grounds for which
578	disciplinary action specified in subsection (2) may be taken by
579	the department against any licensee, agency, or applicant
580	regulated by this chapter, or any unlicensed person engaged in
581	activities regulated under this chapter.
582	(u)  For a Class "G" or a Class "K" applicant or licensee,
583	being prohibited from purchasing or possessing a firearm by
584	state or federal law.
585	Section 12.  Subsections (7) and (8) of section 493.6121,
586	Florida Statutes, are renumbered as subsections (6) and (7),
587	respectively, and present subsection (6) of that section is
588	amended, to read:
589	493.6121  Enforcement; investigation.-
590	(6)  The department shall be provided access to the program
591	that is operated by the Department of Law Enforcement, pursuant
592	to s. 790.065, for providing criminal history record information
593	to licensed gun dealers, manufacturers, and exporters. The
594	department may make inquiries, and shall receive responses in
595	the same fashion as provided under s. 790.065. The department
596	shall be responsible for payment to the Department of Law
597	Enforcement of the same fees as charged to others afforded
598	access to the program.
599	Section 13.  Subsection (3) of section 493.6202, Florida
600	Statutes, is amended to read:
601	493.6202  Fees.-
602	(3)  The fees set forth in this section must be paid by
603	certified check or money order or, at the discretion of the
604	department, by agency check at the time the application is
605	approved, except that the applicant for a Class "G," Class "C,"
606	Class "CC," Class "M," or Class "MA" license must pay the
607	license fee at the time the application is made. If a license is
608	revoked or denied or if the application is withdrawn, the
609	license fee shall not be refunded.
610	Section 14.  Subsections (2), (4), and (6) of section
611	493.6203, Florida Statutes, are amended to read:
612	493.6203  License requirements.-In addition to the license
613	requirements set forth elsewhere in this chapter, each
614	individual or agency shall comply with the following additional
615	requirements:
616	(2)  An applicant for a Class "MA" license shall have 2
617	years of lawfully gained, verifiable, full-time experience, or
618	training in:
619	(a)  Private investigative work or related fields of work
620	that provided equivalent experience or training;
621	(b)  Work as a Class "CC" licensed intern;
622	(c)  Any combination of paragraphs (a) and (b);
623	(d)  Experience described in paragraph (a) for 1 year and
624	experience described in paragraph (e) for 1 year;
625	(e)  No more than 1 year using:
626	1.  College coursework related to criminal justice,
627	criminology, or law enforcement administration; or
628	2.  Successfully completed law enforcement-related training
629	received from any federal, state, county, or municipal agency;
630	or
631	(f)  Experience described in paragraph (a) for 1 year and
632	work in a managerial or supervisory capacity for 1 year.
633
634	However, experience in performing bodyguard services is not
635	creditable toward the requirements of this subsection.
636	(4)  An applicant for a Class "C" license shall have 2
637	years of lawfully gained, verifiable, full-time experience, or
638	training in one, or a combination of more than one, of the
639	following:
640	(a)  Private investigative work or related fields of work
641	that provided equivalent experience or training.
642	(b)  College coursework related to criminal justice,
643	criminology, or law enforcement administration, or successful
644	completion of any law enforcement-related training received from
645	any federal, state, county, or municipal agency, except that no
646	more than 1 year may be used from this category.
647	(c)  Work as a Class "CC" licensed intern.
648
649	However, experience in performing bodyguard services is not
650	creditable toward the requirements of this subsection.
651	(6)(a)  A Class "CC" licensee shall serve an internship
652	under the direction and control of a designated sponsor, who is
653	a Class "C," Class "MA," or Class "M" licensee.
654	(b)  Effective July 1, 2010 September 1, 2008, before
655	submission of an application to the department, the an applicant
656	for a Class "CC" license must have completed a minimum of 40 at
657	least 24 hours of professional training a 40-hour course
658	pertaining to general investigative techniques and this chapter,
659	which course is offered by a state university or by a school,
660	community college, college, or university under the purview of
661	the Department of Education, and the applicant must pass an
662	examination. The training must be provided in two parts, one 24-
663	hour course and one 16-hour course. The certificate evidencing
664	satisfactory completion of the 40 at least 24 hours of
665	professional training a 40-hour course must be submitted with
666	the application for a Class "CC" license. The remaining 16 hours
667	must be completed and an examination passed within 180 days. If
668	documentation of completion of the required training is not
669	submitted within the specified timeframe, the individual's
670	license is automatically suspended or his or her authority to
671	work as a Class "CC" pursuant to s. 493.6105(9) is rescinded
672	until such time as proof of certificate of completion is
673	provided to the department. The training course specified in
674	this paragraph may be provided by face-to-face presentation,
675	online technology, or a home study course in accordance with
676	rules and procedures of the Department of Education. The
677	administrator of the examination must verify the identity of
678	each applicant taking the examination.
679	1.  Upon an applicant's successful completion of each part
680	of the approved training course and passage of any required
681	examination, the school, community college, college, or
682	university shall issue a certificate of completion to the
683	applicant. The certificates must be on a form established by
684	rule of the department.
685	2.  The department shall establish by rule the general
686	content of the professional training course and the examination
687	criteria.
688	3.  If the license of an applicant for relicensure is has
689	been invalid for more than 1 year, the applicant must complete
690	the required training and pass any required examination.
691	(c)  An individual who submits an application for a Class
692	"CC" license on or after September 1, 2008, through June 30,
693	2010, who has not completed the 16-hour course must submit proof
694	of successful completion of the course within 180 days after the
695	date the application is submitted. If documentation of
696	completion of the required training is not submitted by that
697	date, the individual's license is automatically suspended until
698	proof of the required training is submitted to the department.
699	An individual licensed on or before August 31, 2008, is not
700	required to complete additional training hours in order to renew
701	an active license beyond the required total amount of training,
702	and within the timeframe, in effect at the time he or she was
703	licensed.
704	Section 15.  Subsection (3) of section 493.6302, Florida
705	Statutes, is amended to read:
706	493.6302  Fees.-
707	(3)  The fees set forth in this section must be paid by
708	certified check or money order or, at the discretion of the
709	department, by agency check at the time the application is
710	approved, except that the applicant for a Class "D," Class "G,"
711	Class "M," or Class "MB" license must pay the license fee at the
712	time the application is made. If a license is revoked or denied
713	or if the application is withdrawn, the license fee shall not be
714	refunded.
715	Section 16.  Subsection (4) of section 493.6303, Florida
716	Statutes, is amended to read:
717	493.6303  License requirements.-In addition to the license
718	requirements set forth elsewhere in this chapter, each
719	individual or agency shall comply with the following additional
720	requirements:
721	(4)(a)  Effective July 1, 2010, an applicant for a Class
722	"D" license must submit proof of successful completion of
723	complete a minimum of 40 hours of professional training at a
724	school or training facility licensed by the department. The
725	training must be provided in two parts, one 24-hour course and
726	one 16-hour course. The department shall by rule establish the
727	general content and number of hours of each subject area to be
728	taught.
729	(b)  An individual who submits an application for a Class
730	"D" license on or after January 1, 2007, through June 30, 2010,
731	who has not completed the 16-hour course must submit proof of
732	successful completion of the course within 180 days after the
733	date the application is submitted. If documentation of
734	completion of the required training is not submitted by that
735	date, the individual's license is automatically suspended until
736	proof of the required training is submitted to the department.
737	This section does not require a person licensed before January
738	1, 2007, to complete additional training hours in order to renew
739	an active license beyond the required total amount of training
740	within the timeframe prescribed by law at the time he or she was
741	licensed. An applicant may fulfill the training requirement
742	prescribed in paragraph (a) by submitting proof of:
743	1.  Successful completion of the total number of required
744	hours of training before initial application for a Class "D"
745	license; or
746	2.  Successful completion of 24 hours of training before
747	initial application for a Class "D" license and successful
748	completion of the remaining 16 hours of training within 180 days
749	after the date that the application is submitted. If
750	documentation of completion of the required training is not
751	submitted within the specified timeframe, the individual's
752	license is automatically suspended until such time as proof of
753	the required training is provided to the department.
754	(c)  An individual However, any person whose license is
755	suspended or has been revoked, suspended pursuant to paragraph
756	(b) subparagraph 2., or is expired for at least 1 year, or
757	longer is considered, upon reapplication for a license, an
758	initial applicant and must submit proof of successful completion
759	of 40 hours of professional training at a school or training
760	facility licensed by the department as provided prescribed in
761	paragraph (a) before a license is will be issued. Any person
762	whose license was issued before January 1, 2007, and whose
763	license has been expired for less than 1 year must, upon
764	reapplication for a license, submit documentation of completion
765	of the total number of hours of training prescribed by law at
766	the time her or his initial license was issued before another
767	license will be issued. This subsection does not require an
768	individual licensed before January 1, 2007, to complete
769	additional training hours in order to renew an active license,
770	beyond the required total amount of training within the
771	timeframe prescribed by law at the time she or he was licensed.
772	Section 17.  Subsection (2) of section 493.6304, Florida
773	Statutes, is amended to read:
774	493.6304  Security officer school or training facility.-
775	(2)  The application shall be signed and verified by the
776	applicant under oath as provided in s. 92.525 notarized and
777	shall contain, at a minimum, the following information:
778	(a)  The name and address of the school or training
779	facility and, if the applicant is an individual, her or his
780	name, address, and social security or alien registration number.
781	(b)  The street address of the place at which the training
782	is to be conducted.
783	(c)  A copy of the training curriculum and final
784	examination to be administered.
785	Section 18.  Subsections (7) and (8) of section 493.6401,
786	Florida Statutes, are amended to read:
787	493.6401  Classes of licenses.-
788	(7)  Any person who operates a recovery agent repossessor
789	school or training facility or who conducts an Internet-based
790	training course or a correspondence training course must have a
791	Class "RS" license.
792	(8)  Any individual who teaches or instructs at a Class
793	"RS" recovery agent repossessor school or training facility
794	shall have a Class "RI" license.
795	Section 19.  Paragraphs (f) and (g) of subsection (1) and
796	subsection (3) of section 493.6402, Florida Statutes, are
797	amended to read:
798	493.6402  Fees.-
799	(1)  The department shall establish by rule biennial
800	license fees which shall not exceed the following:
801	(f)  Class "RS" license-recovery agent repossessor school
802	or training facility: $60.
803	(g)  Class "RI" license-recovery agent repossessor school
804	or training facility instructor: $60.
805	(3)  The fees set forth in this section must be paid by
806	certified check or money order, or, at the discretion of the
807	department, by agency check at the time the application is
808	approved, except that the applicant for a Class "E," Class "EE,"
809	or Class "MR" license must pay the license fee at the time the
810	application is made. If a license is revoked or denied, or if an
811	application is withdrawn, the license fee shall not be refunded.
812	Section 20.  Subsections (1) and (2) of section 493.6406,
813	Florida Statutes, are amended to read:
814	493.6406  Recovery agent Repossession services school or
815	training facility.-
816	(1)  Any school, training facility, or instructor who
817	offers the training outlined in s. 493.6403(2) for Class "E" or
818	Class "EE" applicants shall, before licensure of such school,
819	training facility, or instructor, file with the department an
820	application accompanied by an application fee in an amount to be
821	determined by rule, not to exceed $60. The fee shall not be
822	refundable. This training may be offered as face-to-face
823	training, Internet-based training, or correspondence training.
824	(2)  The application shall be signed and verified by the
825	applicant under oath as provided in s. 92.525 notarized and
826	shall contain, at a minimum, the following information:
827	(a)  The name and address of the school or training
828	facility and, if the applicant is an individual, his or her
829	name, address, and social security or alien registration number.
830	(b)  The street address of the place at which the training
831	is to be conducted or the street address of the Class "RS"
832	school offering Internet-based or correspondence training.
833	(c)  A copy of the training curriculum and final
834	examination to be administered.
835	Section 21.  Paragraph (a) of subsection (2) of section
836	501.605, Florida Statutes, is amended to read:
837	501.605  Licensure of commercial telephone sellers.-
838	(2)  An applicant for a license as a commercial telephone
839	seller must submit to the department, in such form as it
840	prescribes, a written application for the license. The
841	application must set forth the following information:
842	(a)  The true name, date of birth, driver's license number,
843	social security number, and home address of the applicant,
844	including each name under which he or she intends to do
845	business.
846
847	The application shall be accompanied by a copy of any: Script,
848	outline, or presentation the applicant will require or suggest a
849	salesperson to use when soliciting, or, if no such document is
850	used, a statement to that effect; sales information or
851	literature to be provided by the applicant to a salesperson; and
852	sales information or literature to be provided by the applicant
853	to a purchaser in connection with any solicitation.
854	Section 22.  Paragraph (a) of subsection (1) of section
855	501.607, Florida Statutes, is amended to read:
856	501.607  Licensure of salespersons.-
857	(1)  An applicant for a license as a salesperson must
858	submit to the department, in such form as it prescribes, a
859	written application for a license. The application must set
860	forth the following information:
861	(a)  The true name, date of birth, driver's license number,
862	social security number, and home address of the applicant.
863	Section 23.  Subsection (2) of section 501.913, Florida
864	Statutes, is amended to read:
865	501.913  Registration.-
866	(2)  The completed application shall be accompanied by:
867	(a)  Specimens or facsimiles of the label for each brand of
868	antifreeze;
869	(b)  An application fee of $200 for each brand; and
870	(c)  A properly labeled sample of at least 1 gallon, but
871	not more than 2 gallons, of each brand of antifreeze.
872	Section 24.  Subsection (2) of section 525.01, Florida
873	Statutes, is amended to read:
874	525.01  Gasoline and oil to be inspected.-
875	(2)  All petroleum fuels are shall be subject to inspection
876	and analysis by the department. Before selling or offering for
877	sale in this state any petroleum fuel, all manufacturers,
878	terminal suppliers, wholesalers, and importers as defined in s.
879	206.01 jobbers shall file with the department:
880	(a)  An affidavit that they desire to do business in this
881	state, and the name and address of the manufacturer of the
882	petroleum fuel.
883	(b)  An affidavit stating that the petroleum fuel is in
884	conformity with the standards prescribed by department rule.
885	Section 25.  Subsections (1) and (3) of section 525.09,
886	Florida Statutes, are amended to read:
887	525.09  Inspection fee.-
888	(1)  For the purpose of defraying the expenses incident to
889	inspecting, testing, and analyzing petroleum fuels in this
890	state, there shall be paid to the department a charge of one-
891	eighth cent per gallon on all gasoline, alternative fuel
892	containing alcohol as defined in s. 525.01(1)(c)1. or 2.,
893	kerosene (except when used as aviation turbine fuel), and #1
894	fuel oil for sale or use in this state. This inspection fee
895	shall be imposed in the same manner as the motor fuel tax
896	pursuant to s. 206.41. Payment shall be made on or before the
897	25th day of each month.
898	(3)  All remittances to the department for the inspection
899	tax herein provided shall be accompanied by a detailed report
900	under oath showing the number of gallons of gasoline,
901	alternative fuel containing alcohol as defined in s.
902	525.01(1)(c)1. and 2., kerosene, or fuel oil sold and delivered
903	in each county.
904	Section 26.  Section 526.50, Florida Statutes, is amended
905	to read:
906	526.50  Definition of terms.-As used in this part:
907	(1)  "Brake fluid" means the fluid intended for use as the
908	liquid medium through which force is transmitted in the
909	hydraulic brake system of a vehicle operated upon the highways.
910	(2)  "Brand" means the product name appearing on the label
911	of a container of brake fluid.
912	(3)(5)  "Container" means any receptacle in which brake
913	fluid is immediately contained when sold, but does not mean a
914	carton or wrapping in which a number of such receptacles are
915	shipped or stored or a tank car or truck.
916	(4)(2)  "Department" means the Department of Agriculture
917	and Consumer Services.
918	(5)  "Formula" means the name of the chemical mixture or
919	composition of the brake fluid product.
920	(6)(4)  "Labeling" includes all written, printed or graphic
921	representations, in any form whatsoever, imprinted upon or
922	affixed to any container of brake fluid.
923	(7)(6)  "Permit year" means a period of 12 months
924	commencing July 1 and ending on the next succeeding June 30.
925	(8)(7)  "Registrant" means any manufacturer, packer,
926	distributor, seller, or other person who has registered a brake
927	fluid with the department.
928	(9)(3)  "Sell" includes give, distribute, barter, exchange,
929	trade, keep for sale, offer for sale or expose for sale, in any
930	of their variant forms.
931	Section 27.  Section 526.51, Florida Statutes, is amended
932	to read:
933	526.51  Registration; renewal and fees; departmental
934	expenses; cancellation or refusal to issue or renew.-
935	(1)(a)  Application for registration of each brand of brake
936	fluid shall be made on forms to be supplied by the department.
937	The applicant shall give his or her name and address and the
938	brand name of the brake fluid, state that he or she owns the
939	brand name and has complete control over the product sold
940	thereunder in Florida, and provide the name and address of the
941	resident agent in Florida. If the applicant does not own the
942	brand name but wishes to register the product with the
943	department, a notarized affidavit that gives the applicant full
944	authorization to register the brand name and that is signed by
945	the owner of the brand name must accompany the application for
946	registration. The affidavit must include all affected brand
947	names, the owner's company or corporate name and address, the
948	applicant's company or corporate name and address, and a
949	statement from the owner authorizing the applicant to register
950	the product with the department. The owner of the brand name
951	shall maintain complete control over each product sold under
952	that brand name in this state. All first-time brand-formula
953	combination new product applications must be accompanied by a
954	certified report from an independent testing laboratory, setting
955	forth the analysis of the brake fluid which shall show its
956	quality to be not less than the specifications established by
957	the department for brake fluids. A sample of not less than 24
958	fluid ounces of brake fluid shall be submitted, in a container
959	or containers, with labels representing exactly how the
960	containers of brake fluid will be labeled when sold, and the
961	sample and container shall be analyzed and inspected by the
962	Division of Standards in order that compliance with the
963	department's specifications and labeling requirements may be
964	verified. Upon approval of the application, the department shall
965	register the brand name of the brake fluid and issue to the
966	applicant a permit authorizing the registrant to sell the brake
967	fluid in this state during the permit year specified in the
968	permit.
969	(b)  Each applicant shall pay a fee of $100 with each
970	application. An applicant seeking reregistration of a previously
971	registered brand-formula combination must submit a completed
972	application and all materials required under this subsection to
973	the department before the first day of the permit year. A brand-
974	formula combination for which a completed application and all
975	materials required under this subsection are not received before
976	the first day of the permit year ceases to be registered with
977	the department until a completed application and all materials
978	required under this subsection are received and approved. Any
979	fee, application, or materials received after the first day of
980	the permit year, if the brand-formula combination was previously
981	registered with the department, A permit may be renewed by
982	application to the department, accompanied by a renewal fee of
983	$50 on or before the last day of the permit year immediately
984	preceding the permit year for which application is made for
985	renewal of registration. To any fee not paid when due, there
986	shall accrue a penalty of $25, which shall be added to the
987	renewal fee. Renewals will be accepted only on brake fluids that
988	have no change in formula, composition, or brand name. Any
989	change in formula, composition, or brand name of any brake fluid
990	constitutes a new product that must be registered in accordance
991	with this part.
992	(2)  All fees collected under the provisions of this
993	section shall be credited to the General Inspection Trust Fund
994	of the department and all expenses incurred in the enforcement
995	of this part shall be paid from said fund.
996	(3)  The department may cancel or, refuse to issue or
997	refuse to renew any registration and permit after due notice and
998	opportunity to be heard if it finds that the brake fluid is
999	adulterated or misbranded or that the registrant has failed to
1000	comply with the provisions of this part or the rules and
1001	regulations promulgated thereunder.
1002	Section 28.  Paragraph (a) of subsection (3) of section
1003	526.52, Florida Statutes, is amended to read:
1004	526.52  Specifications; adulteration and misbranding.-
1005	(3)  Brake fluid is deemed to be misbranded:
1006	(a)  If its container does not bear on its side or top a
1007	label on which is printed the name and place of business of the
1008	registrant of the product, the words "brake fluid," and a
1009	statement that the product therein equals or exceeds the minimum
1010	specification of the Society of Automotive Engineers for heavy-
1011	duty-type brake fluid or equals or exceeds Federal Motor Vehicle
1012	Safety Standard No. 116 adopted by the United States Department
1013	of Transportation, heavy-duty-type. By regulation the department
1014	may require that the duty-type classification appear on the
1015	label.
1016	Section 29.  Subsection (2) of section 526.53, Florida
1017	Statutes, is amended to read:
1018	526.53  Enforcement; inspection and analysis, stop-sale and
1019	disposition, regulations.-
1020	(2)(a)  When any brake fluid is sold in violation of any of
1021	the provisions of this part, all such affected brake fluid of
1022	the same brand name on the same premises on which the violation
1023	occurred shall be placed under a stop-sale order by the
1024	department by serving the owner of the brand name, distributor,
1025	or other entity responsible for selling or distributing the
1026	product in the state with the stop-sale order. The department
1027	shall withdraw its stop-sale order upon the removal of the
1028	violation or upon voluntary destruction of the product, or other
1029	disposal approved by the department, under the supervision of
1030	the department.
1031	(b)  In addition to being subject to the stop-sale
1032	procedures above, unregistered brake fluid shall be held by the
1033	department or its representative, at a place to be designated in
1034	the stop-sale order, until properly registered and released in
1035	writing by the department or its representative. If application
1036	is has not been made for registration of the such product within
1037	30 days after issue of the stop-sale order, such product shall
1038	be disposed of by the department, or, with the department's
1039	consent, by the business, to any tax-supported institution or
1040	agency of the state if the brake fluid meets legal
1041	specifications or by other disposal authorized by rule of the
1042	department if it fails to meet legal specifications.
1043	Section 30.  Subsections (1) and (3) and paragraphs (a) and
1044	(c) of subsection (5) of section 527.0201, Florida Statutes, are
1045	amended to read:
1046	527.0201  Qualifiers; master qualifiers; examinations.-
1047	(1)  In addition to the requirements of s. 527.02, any
1048	person applying for a license to engage in the activities of a
1049	pipeline system operator, category I liquefied petroleum gas
1050	dealer, category II liquefied petroleum gas dispenser, category
1051	IV liquefied petroleum gas dispenser and recreational vehicle
1052	servicer, category V liquefied petroleum gases dealer for
1053	industrial uses only, LP gas installer, specialty installer,
1054	requalifier requalification of cylinders, or fabricator,
1055	repairer, and tester of vehicles and cargo tanks must prove
1056	competency by passing a written examination administered by the
1057	department or its agent with a grade of at least 75 percent in
1058	each area tested or above. Each applicant for examination shall
1059	submit a $20 nonrefundable fee. The department shall by rule
1060	specify the general areas of competency to be covered by each
1061	examination and the relative weight to be assigned in grading
1062	each area tested.
1063	(3)  Qualifier cards issued to category I liquefied
1064	petroleum gas dealers and liquefied petroleum gas installers
1065	shall expire 3 years after the date of issuance. All category I
1066	liquefied petroleum gas dealer qualifiers and liquefied
1067	petroleum gas installer qualifiers holding a valid qualifier
1068	card upon the effective date of this act shall retain their
1069	qualifier status until July 1, 2003, and may sit for the master
1070	qualifier examination at any time during that time period. All
1071	such category I liquefied petroleum gas dealer qualifiers and
1072	liquefied petroleum gas installer qualifiers may renew their
1073	qualification on or before July 1, 2003, upon application to the
1074	department, payment of a $20 renewal fee, and documentation of
1075	the completion of a minimum of 16 12 hours of approved
1076	continuing education courses, as defined by department rule,
1077	during the previous 3-year period. Applications for renewal must
1078	be made 30 calendar days prior to expiration. Persons failing to
1079	renew prior to the expiration date must reapply and take a
1080	qualifier competency examination in order to reestablish
1081	category I liquefied petroleum gas dealer qualifier and
1082	liquefied petroleum gas installer qualifier status. If a
1083	category I liquefied petroleum gas qualifier or liquefied
1084	petroleum gas installer qualifier becomes a master qualifier at
1085	any time during the effective date of the qualifier card, the
1086	card shall remain in effect until expiration of the master
1087	qualifier certification.
1088	(5)  In addition to all other licensing requirements, each
1089	category I liquefied petroleum gas dealer and liquefied
1090	petroleum gas installer must, at the time of application for
1091	licensure, identify to the department one master qualifier who
1092	is a full-time employee at the licensed location. This person
1093	shall be a manager, owner, or otherwise primarily responsible
1094	for overseeing the operations of the licensed location and must
1095	provide documentation to the department as provided by rule. The
1096	master qualifier requirement shall be in addition to the
1097	requirements of subsection (1).
1098	(a)  In order to apply for certification as a master
1099	qualifier, each applicant must be a category I liquefied
1100	petroleum gas dealer qualifier or liquefied petroleum gas
1101	installer qualifier, must be employed by a licensed category I
1102	liquefied petroleum gas dealer, liquefied petroleum gas
1103	installer, or applicant for such license, must provide
1104	documentation of a minimum of 1 year's work experience in the
1105	gas industry, and must pass a master qualifier competency
1106	examination. Master qualifier examinations shall be based on
1107	Florida's laws, rules, and adopted codes governing liquefied
1108	petroleum gas safety, general industry safety standards, and
1109	administrative procedures. The examination must be successfully
1110	passed completed by the applicant with a grade of at least 75
1111	percent or more. Each applicant for master qualifier status
1112	shall submit to the department a nonrefundable $30 examination
1113	fee prior to the examination.
1114	(c)  Master qualifier status shall expire 3 years after the
1115	date of issuance of the certificate and may be renewed by
1116	submission to the department of documentation of completion of
1117	at least 16 12 hours of approved continuing education courses
1118	during the 3-year period; proof of employment with a licensed
1119	category I liquefied petroleum gas dealer, liquefied petroleum
1120	gas installer, or applicant; and a $30 certificate renewal fee.
1121	The department shall define, by rule, approved courses of
1122	continuing education.
1123	Section 31.  Section 527.12, Florida Statutes, is amended
1124	to read:
1125	527.12  Cease and desist orders; stop-use orders; stop-
1126	operation orders; stop-sale orders; administrative fines.-
1127	(1)  Whenever the department has shall have reason to
1128	believe that any person is violating or has violated been
1129	violating provisions of this chapter or any rules adopted under
1130	this chapter pursuant thereto, the department it may issue a
1131	cease and desist order, or impose a civil penalty, or do both
1132	may issue such cease and desist order and impose a civil
1133	penalty.
1134	(2)  Whenever a person or liquefied petroleum gas system or
1135	storage facility, or any part or component thereof, fails to
1136	comply with this chapter or any rules adopted under this
1137	chapter, the department may issue a stop-use order, stop-
1138	operation order, or stop-sale order.
1139	Section 32.  Subsection (1) of section 559.805, Florida
1140	Statutes, is amended to read:
1141	559.805  Filings with the department; disclosure of
1142	advertisement identification number.-
1143	(1)  Every seller of a business opportunity shall annually
1144	file with the department a copy of the disclosure statement
1145	required by s. 559.803 before prior to placing an advertisement
1146	or making any other representation designed to offer to, sell
1147	to, or solicit an offer to buy a business opportunity from a
1148	prospective purchaser in this state and shall update this filing
1149	by reporting any material change in the required information
1150	within 30 days after the material change occurs. An
1151	advertisement is not placed in the state merely because the
1152	publisher circulates, or there is circulated on his or her
1153	behalf in the state, any bona fide newspaper or other
1154	publication of general, regular, and paid circulation which has
1155	had more than two-thirds of its circulation during the past 12
1156	months outside the state or because a radio or television
1157	program originating outside the state is received in the state.
1158	If the seller is required by s. 559.807 to provide a bond or
1159	establish a trust account or guaranteed letter of credit, he or
1160	she shall contemporaneously file with the department a copy of
1161	the bond, a copy of the formal notification by the depository
1162	that the trust account is established, or a copy of the
1163	guaranteed letter of credit. Every seller of a business
1164	opportunity shall file with the department a list of independent
1165	agents who will engage in the offer or sale of business
1166	opportunities on behalf of the seller in this state. This list
1167	must be kept current and shall include the following
1168	information: name, home and business address, telephone number,
1169	present employer, social security number, and birth date. A No
1170	person may not shall be allowed to offer or sell business
1171	opportunities unless the required information is has been
1172	provided to the department.
1173	Section 33.  Subsection (3) of section 559.928, Florida
1174	Statutes, is amended to read:
1175	559.928  Registration.-
1176	(3)  Each independent agent shall annually file an
1177	affidavit with the department before prior to engaging in
1178	business in this state. This affidavit must include the
1179	independent agent's full name, legal business or trade name,
1180	mailing address, business address, telephone number, social
1181	security number, and the name or names and addresses of each
1182	seller of travel represented by the independent agent. A letter
1183	evidencing proof of filing must be issued by the department and
1184	must be prominently displayed in the independent agent's primary
1185	place of business. Each independent agent must also submit an
1186	annual registration fee of $50. All moneys collected pursuant to
1187	the imposition of the fee shall be deposited by the Chief
1188	Financial Officer into the General Inspection Trust Fund of the
1189	Department of Agriculture and Consumer Services for the sole
1190	purpose of administrating this part. As used in this subsection,
1191	the term "independent agent" means a person who represents a
1192	seller of travel by soliciting persons on its behalf; who has a
1193	written contract with a seller of travel which is operating in
1194	compliance with this part and any rules adopted thereunder; who
1195	does not receive a fee, commission, or other valuable
1196	consideration directly from the purchaser for the seller of
1197	travel; who does not at any time have any unissued ticket stock
1198	or travel documents in his or her possession; and who does not
1199	have the ability to issue tickets, vacation certificates, or any
1200	other travel document. The term "independent agent" does not
1201	include an affiliate of the seller of travel, as that term is
1202	used in s. 559.935(3), or the employees of the seller of travel
1203	or of such affiliates.
1204	Section 34.  Subsection (7) of section 570.0725, Florida
1205	Statutes, is amended to read:
1206	570.0725  Food recovery; legislative intent; department
1207	functions.-
1208	(7)  For public information purposes, the department may
1209	shall develop and provide a public information brochure
1210	detailing the need for food banks and similar of food recovery
1211	programs, the benefit of such food recovery programs, the manner
1212	in which such organizations may become involved in such food
1213	recovery programs, and the protection afforded to such programs
1214	under s. 768.136, and the food recovery entities or food banks
1215	that exist in the state. This brochure must be updated annually.
1216	A food bank or similar food recovery organization seeking to be
1217	included on a list of such organizations must notify the
1218	department and provide the information required by rule of the
1219	department. Such organizations are responsible for updating the
1220	information and providing the updated information to the
1221	department. The department may adopt rules to implement this
1222	section.
1223	Section 35.  Paragraph (e) of subsection (6) of section
1224	570.53, Florida Statutes, is amended to read:
1225	570.53  Division of Marketing and Development; powers and
1226	duties.-The powers and duties of the Division of Marketing and
1227	Development include, but are not limited to:
1228	(6)
1229	(e)  Extending in every practicable way the distribution
1230	and sale of Florida agricultural products throughout the markets
1231	of the world as required of the department by s. ss. 570.07(7),
1232	(8), (10), and (11) and 570.071 and chapters 571, 573, and 574.
1233	Section 36.  Subsection (2) of section 570.54, Florida
1234	Statutes, is amended to read:
1235	570.54  Director; duties.-
1236	(2)  It shall be the duty of the director of this division
1237	to supervise, direct, and coordinate the activities authorized
1238	by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and
1239	(20), 570.071, 570.21, 534.47-534.53, and 604.15-604.34 and
1240	chapters 504, 571, 573, and 574 and to exercise other powers and
1241	authority as authorized by the department.
1242	Section 37.  Subsection (4) of section 570.55, Florida
1243	Statutes, is amended to read:
1244	570.55  Identification of sellers or handlers of tropical
1245	or subtropical fruit and vegetables; containers specified;
1246	penalties.-
1247	(4)  IDENTIFICATION OF HANDLER.-At the time of each
1248	transaction involving the handling or sale of 55 pounds or more
1249	of tropical or subtropical fruit or vegetables in the primary
1250	channel of trade, the buyer or receiver of the tropical or
1251	subtropical fruit or vegetables shall demand a bill of sale,
1252	invoice, sales memorandum, or other document listing the date of
1253	the transaction, the quantity of the tropical or subtropical
1254	fruit or vegetables involved in the transaction, and the
1255	identification of the seller or handler as it appears on the
1256	driver's license of the seller or handler, including the
1257	driver's license number. If the seller or handler does not
1258	possess a driver's license, the buyer or receiver shall use any
1259	other acceptable means of identification, which may include, but
1260	is not limited to, i.e., voter's registration card and number,
1261	draft card, social security card, or other identification.
1262	However, no less than two identification documents shall be
1263	used. The identification of the seller or handler shall be
1264	recorded on the bill of sale, sales memorandum, invoice, or
1265	voucher, which shall be retained by the buyer or receiver for a
1266	period of not less than 1 year from the date of the transaction.
1267	Section 38.  Subsection (3) of section 570.902, Florida
1268	Statutes, is amended to read:
1269	570.902  Definitions; ss. 570.902 and 570.903.-For the
1270	purpose of ss. 570.902 and 570.903:
1271	(3)  "Museum" means the Florida Agricultural Museum which
1272	is designated as the museum for agriculture and rural history of
1273	the State of Florida.
1274	Section 39.  Section 570.903, Florida Statutes, is amended
1275	to read:
1276	570.903  Direct-support organization.-
1277	(1)  When the Legislature authorizes the establishment of a
1278	direct-support organization to provide assistance for the
1279	museums, the Florida Agriculture in the Classroom Program, the
1280	Florida State Collection of Arthropods, the Friends of the
1281	Florida State Forests Program of the Division of Forestry, and
1282	the Forestry Arson Alert Program, and other programs of the
1283	department, the following provisions shall govern the creation,
1284	use, powers, and duties of the direct-support organization.
1285	(a)  The department shall enter into a memorandum or letter
1286	of agreement with the direct-support organization, which shall
1287	specify the approval of the department, the powers and duties of
1288	the direct-support organization, and rules with which the
1289	direct-support organization shall comply.
1290	(b)  The department may permit, without charge, appropriate
1291	use of property, facilities, and personnel of the department by
1292	a direct-support organization, subject to the provisions of ss.
1293	570.902 and 570.903. The use shall be directly in keeping with
1294	the approved purposes of the direct-support organization and
1295	shall not be made at times or places that would unreasonably
1296	interfere with opportunities for the general public to use
1297	department facilities for established purposes.
1298	(c)  The department shall prescribe by contract or by rule
1299	conditions with which a direct-support organization shall comply
1300	in order to use property, facilities, or personnel of the
1301	department or museum. Such rules shall provide for budget and
1302	audit review and oversight by the department.
1303	(d)  The department shall not permit the use of property,
1304	facilities, or personnel of the museum, department, or
1305	designated program by a direct-support organization which does
1306	not provide equal employment opportunities to all persons
1307	regardless of race, color, religion, sex, age, or national
1308	origin.
1309	(2)(a)  The direct-support organization shall be empowered
1310	to conduct programs and activities; raise funds; request and
1311	receive grants, gifts, and bequests of money; acquire, receive,
1312	hold, invest, and administer, in its own name, securities,
1313	funds, objects of value, or other property, real or personal;
1314	and make expenditures to or for the direct or indirect benefit
1315	of the museum or designated program.
1316	(b)  Notwithstanding the provisions of s. 287.057, the
1317	direct-support organization may enter into contracts or
1318	agreements with or without competitive bidding for the
1319	restoration of objects, historical buildings, and other
1320	historical materials or for the purchase of objects, historical
1321	buildings, and other historical materials which are to be added
1322	to the collections of the museum, or benefit of the designated
1323	program. However, before the direct-support organization may
1324	enter into a contract or agreement without competitive bidding,
1325	the direct-support organization shall file a certification of
1326	conditions and circumstances with the internal auditor of the
1327	department justifying each contract or agreement.
1328	(c)  Notwithstanding the provisions of s. 287.025(1)(e),
1329	the direct-support organization may enter into contracts to
1330	insure property of the museum or designated programs and may
1331	insure objects or collections on loan from others in satisfying
1332	security terms of the lender.
1333	(3)  The direct-support organization shall provide for an
1334	annual financial audit in accordance with s. 215.981.
1335	(4)  Neither a designated program or a museum, nor a
1336	nonprofit corporation trustee or employee may:
1337	(a)  Receive a commission, fee, or financial benefit in
1338	connection with the sale or exchange of property historical
1339	objects or properties to the direct-support organization, the
1340	museum, or the designated program; or
1341	(b)  Be a business associate of any individual, firm, or
1342	organization involved in the sale or exchange of property to the
1343	direct-support organization, the museum, or the designated
1344	program.
1345	(5)  All moneys received by the direct-support organization
1346	shall be deposited into an account of the direct-support
1347	organization and shall be used by the organization in a manner
1348	consistent with the goals of the museum or designated program.
1349	(6)  The identity of a donor or prospective donor who
1350	desires to remain anonymous and all information identifying such
1351	donor or prospective donor are confidential and exempt from the
1352	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1353	Constitution.
1354	(7)  The Commissioner of Agriculture, or the commissioner's
1355	designee, may serve on the board of trustees and the executive
1356	committee of any direct-support organization established to
1357	benefit the museum or any designated program.
1358	(8)  The department shall establish by rule archival
1359	procedures relating to museum artifacts and records. The rules
1360	shall provide procedures which protect the museum's artifacts
1361	and records equivalent to those procedures which have been
1362	established by the Department of State under chapters 257 and
1363	267.
1364	Section 40.  Subsection (4) of section 573.118, Florida
1365	Statutes, is amended to read:
1366	573.118  Assessment; funds; audit; loans.-
1367	(4)  In the event of levying and collecting of assessments,
1368	for each fiscal year in which assessment funds are received by
1369	the department, the department shall maintain records of
1370	collections and expenditures for each marketing order separately
1371	within the state's accounting system. If requested by an
1372	advisory council, department staff shall cause to be made a
1373	thorough annual audit of the books and accounts by a certified
1374	public accountant, such audit to be completed within 60 days
1375	after the request is received end of the fiscal year. The
1376	advisory council department and all producers and handlers
1377	covered by the marketing order shall be provided a copy of the
1378	properly advised of the details of the annual official audit of
1379	the accounts as shown by the certified public accountant within
1380	30 days after completion of the audit.
1381	Section 41.  Subsections (18) through (30) of section
1382	581.011, Florida Statutes, are renumbered as subsections (17)
1383	through (29), respectively, and present subsections (17) and
1384	(20) of that section are amended to read:
1385	581.011  Definitions.-As used in this chapter:
1386	(17)  "Museum" means the Florida State Collection of
1387	Arthropods.
1388	(19)(20)  "Nursery" means any grounds or premises on or in
1389	which nursery stock is grown, propagated, or held for sale or
1390	distribution, including except where aquatic plant species are
1391	tended for harvest in the natural environment.
1392	Section 42.  Paragraph (a) of subsection (3) of section
1393	581.211, Florida Statutes, is amended to read:
1394	581.211  Penalties for violations.-
1395	(3)(a)1.  In addition to any other provision of law, the
1396	department may, after notice and hearing, impose an
1397	administrative fine not exceeding $10,000 $5,000 for each
1398	violation of this chapter, upon any person, nurseryman, stock
1399	dealer, agent or plant broker. The fine, when paid, shall be
1400	deposited in the Plant Industry Trust Fund. In addition, the
1401	department may place the violator on probation for up to 1 year,
1402	with conditions.
1403	2.  The imposition of a fine or probation pursuant to this
1404	subsection may be in addition to or in lieu of the suspension or
1405	revocation of a certificate of registration or certificate of
1406	inspection.
1407	Section 43.  Section 583.13, Florida Statutes, is amended
1408	to read:
1409	583.13  Labeling and advertising requirements for dressed
1410	poultry; unlawful acts.-
1411	(1)  It is unlawful for any dealer or broker to sell, offer
1412	for sale, or hold for the purpose of sale in the state any
1413	dressed or ready-to-cook poultry in bulk unless the such poultry
1414	is packed in a container clearly bearing a label, not less than
1415	3 inches by 5 inches, on which shall be plainly and legibly
1416	printed, in letters of not less than 1/4 inch high in height,
1417	the grade and the part name or whole-bird statement of such
1418	poultry. The grade may be expressed in the term "premium,"
1419	"good," or "standard," or as the grade of another state or
1420	federal agency the standards of quality of which, by law, are
1421	equal to the standards of quality provided by this law and rules
1422	promulgated hereunder.
1423	(2)  It is unlawful to sell unpackaged dressed or ready-to-
1424	cook poultry at retail unless such poultry is labeled by a
1425	placard immediately adjacent to the poultry or unless each bird
1426	is individually labeled to show the grade and the part name or
1427	whole-bird statement. The placard shall be no smaller than 7
1428	inches by 7 inches in size, and the required labeling
1429	information shall be legibly and plainly printed on the placard
1430	in letters not smaller than 1 inch in height.
1431	(3)  It is unlawful to sell packaged dressed or ready-to-
1432	cook poultry at retail unless such poultry is labeled to show
1433	the grade, the part name or whole-bird statement, the net weight
1434	of the poultry, and the name and address of the dealer. The size
1435	of the type on the label must be one-eighth inch or larger. A
1436	placard immediately adjacent to such poultry may be used to
1437	indicate the grade and the part name or whole-bird statement,
1438	but not the net weight of the poultry or the name and address of
1439	the dealer.
1440	(4)  It is unlawful to use dressed or ready-to-cook poultry
1441	in bulk in the preparation of food served to the public, or to
1442	hold such poultry for the purpose of such use, unless the
1443	poultry when received was packed in a container clearly bearing
1444	a label, not less than 3 inches by 5 inches, on which was
1445	plainly and legibly printed, in letters not less than 1/4 one-
1446	fourth inch high in height, the grade and the part name or
1447	whole-bird statement of such poultry. The grade may be expressed
1448	in the term "premium," "good," or "standard," or as the grade of
1449	another state or federal agency the standards of quality of
1450	which, by law, are equal to the standards of quality provided by
1451	this law and rules promulgated hereunder.
1452	(5)  It is unlawful to offer dressed or ready-to-cook
1453	poultry for sale in any advertisement in a newspaper or
1454	circular, on radio or television, or in any other form of
1455	advertising without plainly designating in such advertisement
1456	the grade and the part name or whole-bird statement of such
1457	poultry.
1458	Section 44.  Subsections (4) and (5) of section 590.125,
1459	Florida Statutes, are renumbered as subsections (5) and (6),
1460	respectively, subsection (1), paragraph (b) of subsection (3),
1461	and paragraph (c) of present subsection (4) are amended, and new
1462	subsections (4) and (7) are added to that section, to read:
1463	590.125  Open burning authorized by the division.-
1464	(1)  DEFINITIONS.-As used in this section, the term:
1465	(a)  "Certified pile burner" means an individual who
1466	successfully completes the division's pile burning certification
1467	program and possesses a valid pile burner certification number.
1468	(b)  "Certified prescribed burn manager" means an
1469	individual who successfully completes the certified prescribed
1470	burning certification program of the division and possesses a
1471	valid certification number.
1472	(c)(d)  "Extinguished" means:
1473	1.  that no spreading flame For wild land burning or
1474	certified prescribed burning, that no spreading flames exist.
1475	2.  and no visible flame, smoke, or emissions For
1476	vegetative land-clearing debris burning or pile burning, that no
1477	visible flames exist.
1478	3.  For vegetative land-clearing debris burning or pile
1479	burning in an area designated as smoke sensitive by the
1480	division, that no visible flames, smoke, or emissions exist.
1481	(d)  "Land-clearing operation" means the uprooting or
1482	clearing of vegetation in connection with the construction of
1483	buildings and rights-of-way, land development, and mineral
1484	operations. The term does not include the clearing of yard
1485	trash.
1486	(e)  "Pile burning" means the burning of silvicultural,
1487	agricultural, or land-clearing and tree-cutting debris
1488	originating onsite, which is stacked together in a round or
1489	linear fashion, including, but not limited to, a windrow.
1490	(f)(a)  "Prescribed burning" means the controlled
1491	application of fire in accordance with a written prescription
1492	for vegetative fuels under specified environmental conditions
1493	while following appropriate precautionary measures that ensure
1494	that the fire is confined to a predetermined area to accomplish
1495	the planned fire or land-management objectives.
1496	(g)(c)  "Prescription" means a written plan establishing
1497	the criteria necessary for starting, controlling, and
1498	extinguishing a prescribed burn.
1499	(h)  "Yard trash" means vegetative matter resulting from
1500	landscaping and yard maintenance operations and other such
1501	routine property cleanup activities. The term includes materials
1502	such as leaves, shrub trimmings, grass clippings, brush, and
1503	palm fronds.
1504	(3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
1505	PURPOSE.-
1506	(b)  Certified prescribed burning pertains only to
1507	broadcast burning for purposes of silviculture, wildlife
1508	management, ecological maintenance and restoration, and range
1509	and pasture management. It must be conducted in accordance with
1510	this subsection and:
1511	1.  May be accomplished only when a certified prescribed
1512	burn manager is present on site with a copy of the prescription
1513	from ignition of the burn to its completion.
1514	2.  Requires that a written prescription be prepared before
1515	receiving authorization to burn from the division.
1516	3.  Requires that the specific consent of the landowner or
1517	his or her designee be obtained before requesting an
1518	authorization.
1519	4.  Requires that an authorization to burn be obtained from
1520	the division before igniting the burn.
1521	5.  Requires that there be adequate firebreaks at the burn
1522	site and sufficient personnel and firefighting equipment for the
1523	control of the fire.
1524	6.  Is considered to be in the public interest and does not
1525	constitute a public or private nuisance when conducted under
1526	applicable state air pollution statutes and rules.
1527	7.  Is considered to be a property right of the property
1528	owner if vegetative fuels are burned as required in this
1529	subsection.
1530	(4)  CERTIFIED PILE BURNING; LEGISLATIVE FINDINGS AND
1531	PURPOSE.-
1532	(a)  Pile burning is a tool that benefits current and
1533	future generations in Florida by disposing of naturally
1534	occurring vegetative debris through burning rather than
1535	disposing of the debris in landfills.
1536	(b)  Certified pile burning pertains to the disposal of
1537	piled, naturally occurring debris from an agricultural,
1538	silvicultural, or temporary land-clearing operation. A land-
1539	clearing operation is temporary if it operates for 6 months or
1540	less. Certified pile burning must be conducted in accordance
1541	with this subsection, and:
1542	1.  A certified pile burner must ensure, before ignition,
1543	that the piles are properly placed and that the content of the
1544	piles is conducive to efficient burning.
1545	2.  A certified pile burner must ensure that the piles are
1546	properly extinguished no later than 1 hour after sunset. If the
1547	burn is conducted in an area designated by the division as smoke
1548	sensitive, a certified pile burner must ensure that the piles
1549	are properly extinguished at least 1 hour before sunset.
1550	3.  A written pile burn plan must be prepared before
1551	receiving authorization from the division to burn.
1552	4.  The specific consent of the landowner or his or her
1553	agent must be obtained before requesting authorization to burn.
1554	5.  An authorization to burn must be obtained from the
1555	division or its designated agent before igniting the burn.
1556	6.  There must be adequate firebreaks and sufficient
1557	personnel and firefighting equipment at the burn site to control
1558	the fire.
1559	(c)  If a burn is conducted in accordance with this
1560	subsection, the property owner and his or her agent are not
1561	liable under s. 590.13 for damage or injury caused by the fire
1562	or resulting smoke, and are not in violation of subsection (2),
1563	unless gross negligence is proven.
1564	(d)  A certified pile burner who violates this section
1565	commits a misdemeanor of the second degree, punishable as
1566	provided in s. 775.082 or s. 775.083.
1567	(e)  The division shall adopt rules regulating certified
1568	pile burning. The rules shall include procedures and criteria
1569	for certifying and decertifying certified pile burn managers
1570	based on past experience, training, and record of compliance
1571	with this section.
1572	(5)(4)  WILDFIRE HAZARD REDUCTION TREATMENT BY THE
1573	DIVISION.-The division may conduct fuel reduction initiatives,
1574	including, but not limited to, burning and mechanical and
1575	chemical treatment, on any area of wild land within the state
1576	which is reasonably determined to be in danger of wildfire in
1577	accordance with the following procedures:
1578	(c)  Prepare, and send the county tax collector shall
1579	include with the annual tax statement, a notice to be sent to
1580	all landowners in each area township designated by the division
1581	as a wildfire hazard area. The notice must describe particularly
1582	the area to be treated and the tentative date or dates of the
1583	treatment and must list the reasons for and the expected
1584	benefits from the wildfire hazard reduction.
1585	(7)  DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING
1586	AUTHORIZATION PROGRAMS.-
1587	(a)  A county or municipality may exercise the division's
1588	authority, if delegated by the division under this subsection,
1589	to issue authorizations for the burning of yard trash or debris
1590	from land-clearing operations. A county's or municipality's
1591	existing or proposed open burning authorization program must:
1592	1.  Be approved by the division. The division shall not
1593	approve a program if it fails to meet the requirements of
1594	subsections (2) and (4) and any rules adopted under those
1595	subsections.
1596	2.  Provide by ordinance or local law the requirements for
1597	obtaining and performing a burn authorization that comply with
1598	subsections (2) and (4) and any rules adopted under those
1599	subsections.
1600	3.  Provide for the enforcement of the program's
1601	requirements.
1602	4.  Provide financial, personnel, and other resources
1603	needed to carry out the program.
1604	(b)  If the division determines that a county's or
1605	municipality's open burning authorization program does not
1606	comply with subsections (2) and (4) and any rules adopted under
1607	those subsections, the division shall require the county or
1608	municipality to take necessary corrective actions within a
1609	reasonable period, not to exceed 90 days.
1610	1.  If the county or municipality fails to take the
1611	necessary corrective actions within the required period, the
1612	division shall resume administration of the open burning
1613	authorization program in the county or municipality and the
1614	county or municipality shall cease administration of its
1615	program.
1616	2.  Each county and municipality administering an open
1617	burning authorization program must cooperate with and assist the
1618	division in carrying out the division's powers, duties, and
1619	functions.
1620	3.  A person who violates the requirements of a county's or
1621	municipality's open burning authorization program, as provided
1622	by ordinance or local law enacted pursuant to this section,
1623	commits a violation of this chapter, punishable as provided in
1624	s. 590.14.
1625	Section 45.  Section 590.14, Florida Statutes, is amended
1626	to read:
1627	590.14  Notice of violation; penalties.-
1628	(1)  If a division employee determines that a person has
1629	violated chapter 589, or this chapter, or any rule adopted by
1630	the division to administer provisions of law conferring duties
1631	upon the division, the division employee he or she may issue a
1632	notice of violation indicating the statute violated. This notice
1633	will be filed with the division and a copy forwarded to the
1634	appropriate law enforcement entity for further action if
1635	necessary.
1636	(2)  In addition to any penalties provided by law, any
1637	person who causes a wildfire or permits any authorized fire to
1638	escape the boundaries of the authorization or to burn past the
1639	time of the authorization is liable for the payment of all
1640	reasonable costs and expenses incurred in suppressing the fire
1641	or $150, whichever is greater. All costs and expenses incurred
1642	by the division shall be payable to the division. When such
1643	costs and expenses are not paid within 30 days after demand, the
1644	division may take proper legal proceedings for the collection of
1645	the costs and expenses. Those costs incurred by an agency acting
1646	at the division's direction are recoverable by that agency.
1647	(3)  The department may also impose an administrative fine,
1648	not to exceed $1,000 per violation of any section of chapter 589
1649	or this chapter or violation of any rule adopted by the division
1650	to administer provisions of law conferring duties upon the
1651	division. The fine shall be based upon the degree of damage, the
1652	prior violation record of the person, and whether the person
1653	knowingly provided false information to obtain an authorization.
1654	The fines shall be deposited in the Incidental Trust Fund of the
1655	division.
1656	(4)  A person may not:
1657	(a)  Fail to comply with any rule or order adopted by the
1658	division to administer provisions of law conferring duties upon
1659	the division; or
1660	(b)  Knowingly make any false statement or representation
1661	in any application, record, plan, or other document required by
1662	this chapter or any rules adopted under this chapter.
1663	(5)  A person who violates paragraph (4)(a) or paragraph
1664	(4)(b) commits a misdemeanor of the second degree, punishable as
1665	provided in s. 775.082 or s. 775.083.
1666	(6)  It is the intent of the Legislature that a penalty
1667	imposed by a court under subsection (5) be of a severity that
1668	ensures immediate and continued compliance with this section.
1669	(7)(4)  The penalties provided in this section shall extend
1670	to both the actual violator and the person or persons, firm, or
1671	corporation causing, directing, or permitting the violation.
1672	Section 46.  Paragraph (a) of subsection (1) of section
1673	599.004, Florida Statutes, is amended to read:
1674	599.004  Florida Farm Winery Program; registration; logo;
1675	fees.-
1676	(1)  The Florida Farm Winery Program is established within
1677	the Department of Agriculture and Consumer Services. Under this
1678	program, a winery may qualify as a tourist attraction only if it
1679	is registered with and certified by the department as a Florida
1680	Farm Winery. A winery may not claim to be certified unless it
1681	has received written approval from the department.
1682	(a)  To qualify as a certified Florida Farm Winery, a
1683	winery shall meet the following standards:
1684	1.  Produce or sell less than 250,000 gallons of wine
1685	annually.
1686	2.  Maintain a minimum of 10 acres of owned or managed land
1687	vineyards in Florida which produces commodities used in the
1688	production of wine.
1689	3.  Be open to the public for tours, tastings, and sales at
1690	least 30 hours each week.
1691	4.  Make annual application to the department for
1692	recognition as a Florida Farm Winery, on forms provided by the
1693	department.
1694	5.  Pay an annual application and registration fee of $100.
1695	Section 47.  Subsection (1) of section 604.15, Florida
1696	Statutes, is amended, and subsection (11) is added to that
1697	section, to read:
1698	604.15  Dealers in agricultural products; definitions.-For
1699	the purpose of ss. 604.15-604.34, the following words and terms,
1700	when used, shall be construed to mean:
1701	(1)  "Agricultural products" means the natural products of
1702	the farm, nursery, grove, orchard, vineyard, garden, and apiary
1703	(raw or manufactured); sod; tropical foliage; horticulture; hay;
1704	livestock; milk and milk products; poultry and poultry products;
1705	the fruit of the saw palmetto (meaning the fruit of the Serenoa
1706	repens); limes (meaning the fruit Citrus aurantifolia, variety
1707	Persian, Tahiti, Bearss, or Florida Key limes); and any other
1708	nonexempt agricultural products produced in the state, except
1709	tobacco, sugarcane, tropical foliage, timber and timber
1710	byproducts, forest products as defined in s. 591.17, and citrus
1711	other than limes.
1712	(11)  "Responsible position" means a position within the
1713	business of a dealer in agricultural products that has the
1714	authority to negotiate or make the purchase of agricultural
1715	products on behalf of the dealer's business or has principal
1716	active management authority over the business decisions,
1717	actions, and activities of the dealer's business in this state.
1718	Section 48.  Section 604.19, Florida Statutes, is amended
1719	to read:
1720	604.19  License; fee; bond; certificate of deposit;
1721	penalty.-Unless the department refuses the application on one or
1722	more of the grounds provided in this section, it shall issue to
1723	an applicant, upon the payment of required fees and the
1724	execution and delivery of a bond or certificate of deposit as
1725	provided in this section, a state license entitling the
1726	applicant to conduct business as a dealer in agricultural
1727	products for a 1-year period to coincide with the effective
1728	period of the bond or certificate of deposit furnished by the
1729	applicant. During the 1-year period covered by a license, if the
1730	supporting surety bond or certificate of deposit is canceled for
1731	any reason, the license shall automatically expire on the date
1732	the surety bond or certificate of deposit terminates, unless an
1733	acceptable replacement is in effect before the date of
1734	termination so that continual coverage occurs for the remaining
1735	period of the license. A surety company shall give the
1736	department a 30-day written notice of cancellation by certified
1737	mail in order to cancel a bond. Cancellation of a bond or
1738	certificate of deposit does shall not relieve a surety company
1739	or financial institution of liability for purchases or sales
1740	occurring while the bond or certificate of deposit was in
1741	effect. The license fee, which must be paid for the principal
1742	place of business for a dealer in agricultural products, shall
1743	be based upon the amount of the dealer's surety bond or
1744	certificate of deposit furnished by each dealer under the
1745	provisions of s. 604.20 and may not exceed $500. For each
1746	additional place in which the applicant desires to conduct
1747	business and which the applicant names in the application, the
1748	additional license fee must be paid but may not exceed $100
1749	annually. If a Should any dealer in agricultural products fails,
1750	refuses, or neglects fail, refuse, or neglect to apply and
1751	qualify for the renewal of a license on or before its the date
1752	of expiration date thereof, a penalty not to exceed $100 shall
1753	apply to and be added to the original license fee for the
1754	principal place of business and to the license fee for each
1755	additional place of business named in the application and shall
1756	be paid by the applicant before the renewal license may be
1757	issued. The department by rule shall prescribe fee amounts
1758	sufficient to fund ss. 604.15-604.34.
1759	Section 49.  Section 604.25, Florida Statutes, is amended
1760	to read:
1761	604.25  Denial of, refusal to renew grant, or suspension or
1762	revocation of, license.-
1763	(1)  The department may deny, refuse to renew, decline to
1764	grant a license or may suspend or revoke a license already
1765	granted if the applicant or licensee has:
1766	(1)(a)  Suffered a monetary judgment entered against the
1767	applicant or licensee upon which is execution has been returned
1768	unsatisfied;
1769	(2)(b)  Made false charges for handling or services
1770	rendered;
1771	(3)(c)  Failed to account promptly and properly or to make
1772	settlements with any producer;
1773	(4)(d)  Made any false statement or statements as to
1774	condition, quality, or quantity of goods received or held for
1775	sale when the true condition, quality, or quantity could have
1776	been ascertained by reasonable inspection;
1777	(5)(e)  Made any false or misleading statement or
1778	statements as to market conditions or service rendered;
1779	(6)(f)  Been guilty of a fraud in the attempt to procure,
1780	or the procurement of, a license;
1781	(7)(g)  Directly or indirectly sold agricultural products
1782	received on consignment or on a net return basis for her or his
1783	own account, without prior authority from the producer
1784	consigning the same, or without notifying such producer;
1785	(8)(h)  Failed to prevent a person from holding a position
1786	as the applicant's or licensee's owner, officer, director,
1787	general or managing partner, or employee Employed in a
1788	responsible position a person, or holding any other similarly
1789	situated position, if the person holds or has held a similar
1790	position with any entity that an officer of a corporation, who
1791	has failed to fully comply with an order of the department, has
1792	not satisfied a civil judgment held by the department, has
1793	pending any administrative or civil enforcement action by the
1794	department, or has pending any criminal charges pursuant to s.
1795	604.30 at any time within 1 year after issuance;
1796	(9)(i)  Violated any statute or rule relating to the
1797	purchase or sale of any agricultural product, whether or not
1798	such transaction is subject to the provisions of this chapter;
1799	or
1800	(10)(j)  Failed to submit to the department an application,
1801	appropriate license fees, and an acceptable surety bond or
1802	certificate of deposit; or.
1803	(11)(2)  Failed If a licensee fails or refused refuses to
1804	comply in full with an order of the department or failed to
1805	satisfy a civil judgment owed to the department, her or his
1806	license may be suspended or revoked, in which case she or he
1807	shall not be eligible for license for a period of 1 year or
1808	until she or he has fully complied with the order of the
1809	department.
1810	(3)  No person, or officer of a corporation, whose license
1811	has been suspended or revoked for failure to comply with an
1812	order of the department may hold a responsible position with a
1813	licensee for a period of 1 year or until the order of the
1814	department has been fully complied with.
1815	Section 50.  Subsections (18) and (19) of section 616.242,
1816	Florida Statutes, are renumbered as subsections (19) and (20),
1817	respectively, and a new subsection (18) is added to that section
1818	to read:
1819	616.242  Safety standards for amusement rides.-
1820	(18)  STOP-OPERATION ORDERS.-If an owner or amusement ride
1821	fails to comply with this chapter or any rule adopted under this
1822	chapter, the department may issue a stop-operation order.
1823	Section 51.  Subsection (4) of section 686.201, Florida
1824	Statutes, is amended to read:
1825	686.201  Sales representative contracts involving
1826	commissions; requirements; termination of agreement; civil
1827	remedies.-
1828	(4)  This section does not apply to:
1829	(a)  Persons licensed pursuant to chapter 475 who are
1830	performing services within the scope of their license.
1831	(b)  Contracts to which a seller of travel as defined in s.
1832	559.927 is a party.
1833	Section 52.  Paragraph (c) of subsection (5) of section
1834	790.06, Florida Statutes, is amended to read:
1835	790.06  License to carry concealed weapon or firearm.-
1836	(5)  The applicant shall submit to the Department of
1837	Agriculture and Consumer Services:
1838	(c)  A full set of fingerprints of the applicant
1839	administered by a law enforcement agency or the Division of
1840	Licensing of the Department of Agriculture and Consumer
1841	Services.
1842	Section 53.  Sections 570.071 and 570.901, Florida
1843	Statutes, are repealed.
1844	Section 54.  This act shall take effect July 1, 2010.

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