CS/CS/CS/HB 1445

1	A bill to be entitled
2	An act relating to agriculture; creating s. 15.0455, F.S.;
3	designating the Florida Agricultural Museum in Flagler
4	County as the official state agricultural museum;
5	providing for future repeal; amending s. 369.20, F.S.;
6	authorizing the Fish and Wildlife Conservation Commission
7	to enter into an agreement with the Department of
8	Environmental Protection for the uniform regulation of
9	pesticides applied to the waters of the state; revising
10	exemptions from water pollution permits; amending s.
11	373.1391, F.S.; requiring water management districts to
12	give priority to the agricultural use of certain parcels
13	for purposes of management of such parcels; amending s.
14	403.088, F.S.; providing permits for applying pesticides
15	to the waters of the state; requiring the Department of
16	Environmental Protection to enter into agreements with the
17	Department of Agriculture and Consumer Services and the
18	commission for the uniform regulation of pesticides
19	applied to the waters of the state; authorizing temporary
20	deviations from certain rule provisions adopted by the
21	Department of Environmental Protection for certain
22	pesticides under certain conditions; amending s. 403.9336,
23	F.S.; revising a reference to the Model Ordinance for
24	Florida-Friendly Fertilizer Use on Urban Landscapes;
25	amending s. 403.9337, F.S.; providing for amendment of the
26	model ordinance by the Department of Environmental
27	Protection; revising the criteria for a local government's
28	adoption of additional or more stringent standards;
29	providing exemptions; amending s. 487.163, F.S.; requiring
30	the Department of Agriculture and Consumer Services to
31	enter into an agreement with the Department of
32	Environmental Protection for the uniform regulation of
33	pesticides applied to the waters of the state; amending s.
34	493.6102, F.S.; specifying that provisions regulating
35	security officers do not apply to certain law enforcement,
36	correctional, and probation officers performing off-duty
37	activities; amending s. 493.6105, F.S.; revising the
38	application requirements and procedures for certain
39	private investigative, private security, recovery agent,
40	and firearm licenses; specifying application requirements
41	for firearms instructor licenses; amending s. 493.6106,
42	F.S.; revising citizenship requirements and documentation
43	for certain private investigative, private security, and
44	recovery agent licenses; prohibiting the licensure of
45	applicants for a statewide firearm license or firearms
46	instructor license who are prohibited from purchasing or
47	possessing firearms; requiring that private investigative,
48	security, and recovery agencies notify the Department of
49	Agriculture and Consumer Services of changes to their
50	branch office locations; amending s. 493.6107, F.S.;
51	requiring the department to accept certain methods of
52	payment for certain fees; amending s. 493.6108, F.S.;
53	revising requirements for criminal history checks of
54	license applicants whose fingerprints are not legible;
55	requiring the investigation of the mental and emotional
56	fitness of applicants for firearms instructor licenses;
57	amending s. 493.6111, F.S.; requiring a security officer
58	school or recovery agent school to obtain the department's
59	approval for use of a fictitious name; specifying that a
60	licensee may not conduct business under more than one
61	fictitious name; amending s. 493.6113, F.S.; revising
62	application renewal procedures and requirements; amending
63	s. 493.6115, F.S.; conforming cross-references; amending
64	s. 493.6118, F.S.; authorizing disciplinary action against
65	statewide firearm licensees and firearms instructor
66	licensees who are prohibited from purchasing or possessing
67	firearms; conforming a cross-reference; amending s.
68	493.6121, F.S.; deleting provisions for the department's
69	access to certain criminal history records provided to
70	licensed gun dealers, manufacturers, and exporters;
71	amending s. 493.6202, F.S.; requiring the department to
72	accept certain methods of payment for certain fees;
73	amending s. 493.6203, F.S.; prohibiting bodyguard services
74	from being credited toward certain license requirements;
75	revising the training requirements for private
76	investigator intern license applicants; requiring the
77	automatic suspension of an intern's license under certain
78	circumstances; providing an exception; amending s.
79	493.6302, F.S.; requiring the department to accept certain
80	methods of payment for certain fees; amending s. 493.6303,
81	F.S.; revising the training requirements for security
82	officer license applicants; amending s. 493.6304, F.S.;
83	revising application requirements and procedures for
84	security officer school licenses; amending s. 493.6401,
85	F.S.; revising terminology for recovery agent schools and
86	training facilities; amending s. 493.6402, F.S.; revising
87	terminology for recovery agent schools and training
88	facilities; requiring the department to accept certain
89	methods of payment for certain fees; amending s. 493.6406,
90	F.S.; revising terminology; requiring the licensure of
91	recovery agent schools and instructors; providing license
92	application requirements and procedures; requiring license
93	fees; amending s. 500.033, F.S.; revising the membership
94	of the Florida Food Safety and Food Defense Advisory
95	Council; amending ss. 501.605 and 501.607, F.S.; revising
96	application requirements for commercial telephone seller
97	and salesperson licenses; amending s. 501.913, F.S.;
98	specifying the sample size required for an antifreeze
99	registration application; amending s. 525.01, F.S.;
100	revising requirements for petroleum fuel affidavits;
101	amending s. 525.09, F.S.; imposing an inspection fee on
102	certain alternative fuels containing alcohol; amending s.
103	526.50, F.S.; defining terms applicable to regulation of
104	the sale of brake fluid; amending s. 526.51, F.S.;
105	revising brake fluid permit application requirements;
106	amending s. 526.52, F.S.; revising requirements for
107	printed statements on brake fluid containers; amending s.
108	526.53, F.S.; revising requirements and procedures for
109	brake fluid stop-sale orders; authorizing businesses to
110	dispose of unregistered brake fluid under certain
111	circumstances; amending s. 527.0201, F.S.; revising
112	requirements for liquefied petroleum gas qualifying
113	examinations; increasing continuing education requirements
114	for certain liquefied petroleum gas qualifiers; amending
115	s. 527.12, F.S.; providing for the issuance of certain
116	stop orders; amending ss. 559.805 and 559.928, F.S.;
117	deleting social security numbers as a listing requirement
118	on registration affidavits for independent agents of
119	sellers of business opportunities; amending s. 570.07,
120	F.S.; revising the department's authority to enforce laws
121	and rules relating to commercial stock feeds and
122	commercial fertilizers; amending s. 570.0725, F.S.;
123	revising provisions for public information about food
124	banks and similar food recovery programs; authorizing the
125	department to adopt rules; amending ss. 570.53 and 570.54,
126	F.S.; conforming cross-references; amending s. 570.55,
127	F.S.; revising requirements for identifying sellers or
128	handlers of tropical or subtropical fruit or vegetables;
129	amending s. 570.902, F.S.; conforming terminology to the
130	repeal by the act of provisions establishing the Florida
131	Agricultural Museum; amending s. 570.903, F.S.; revising
132	provisions for direct-support organizations for certain
133	agricultural programs to conform to the repeal by the act
134	of provisions establishing the Florida Agricultural
135	Museum; deleting provisions for a direct-support
136	organization for the Florida State Collection of
137	Arthropods; amending s. 573.118, F.S.; requiring the
138	department to maintain records of marketing orders;
139	requiring an audit at the request of an advisory council;
140	requiring that the advisory council receive a copy of the
141	audit within a specified time; amending s. 581.011, F.S.;
142	deleting terminology relating to the Florida State
143	Collection of Arthropods; revising the term "nursery" for
144	purposes of plant industry regulations; amending s.
145	581.211, F.S.; increasing the maximum fine for violations
146	of plant industry regulations; amending s. 583.13, F.S.;
147	deleting a prohibition on the sale of poultry without
148	displaying the poultry grade; amending s. 585.61, F.S.;
149	designating an animal disease diagnostic laboratory
150	complex in Osceola County as the "Bronson Animal Disease
151	Diagnostic Laboratory"; amending s. 590.125, F.S.;
152	revising terminology for open burning authorizations;
153	specifying purposes of certified prescribed burning;
154	requiring the authorization of the Division of Forestry
155	for certified pile burning; providing pile burning
156	requirements; limiting the liability of property owners or
157	agents engaged in pile burning; providing for the
158	certification of pile burners; providing penalties for
159	violations by certified pile burners; requiring rules;
160	authorizing the division to adopt rules regulating
161	certified pile burning; revising notice requirements for
162	wildfire hazard reduction treatments; providing for
163	approval of local government open burning authorization
164	programs; providing program requirements; authorizing the
165	division to close local government programs under certain
166	circumstances; providing penalties for violations of local
167	government open burning requirements; amending s. 590.14,
168	F.S.; authorizing fines for violations of any division
169	rule; providing penalties for certain violations;
170	providing legislative intent; amending s. 599.004, F.S.;
171	revising standards that a winery must meet to qualify as a
172	certified Florida Farm Winery; amending s. 604.15, F.S.;
173	revising the term "agricultural products" to make tropical
174	foliage exempt from regulation under provisions relating
175	to dealers in agricultural products; defining the term
176	"responsible position"; amending s. 604.19, F.S.; revising
177	requirements for late fees on agricultural products dealer
178	applications; amending s. 604.25, F.S.; revising
179	conditions under which the department may deny, refuse to
180	renew, suspend, or revoke agricultural products dealer
181	licenses; deleting a provision prohibiting certain persons
182	from holding a responsible position with a licensee;
183	amending s. 616.242, F.S.; authorizing the issuance of
184	stop-operation orders for amusement rides under certain
185	circumstances; amending s. 624.4095, F.S.; requiring that
186	gross written premiums for certain crop insurance not be
187	included when calculating the insurer's gross writing
188	ratio; requiring that liabilities for ceded reinsurance
189	premiums be netted against the asset for amounts
190	recoverable from reinsurers; requiring that insurers who
191	write other insurance products disclose a breakout of the
192	gross written premiums for crop insurance; amending s.
193	686.201, F.S.; exempting contracts involving a seller of
194	travel from requirements for certain sales representative
195	contracts; amending s. 790.06, F.S.; authorizing a
196	concealed firearm license applicant to submit fingerprints
197	administered by the Division of Licensing; creating s.
198	828.126, F.S.; providing definitions; prohibiting a person
199	from knowingly engaging in sexual activities with an
200	animal; prohibiting certain acts related to sexual
201	activities with animals; providing penalties; providing
202	exemptions; requiring the department and representatives
203	of the state pest control industry to submit a report to
204	the Legislature; requiring that the report include
205	recommendations for changes in the law to provide for
206	disciplinary action against licensees of the pest control
207	industry under certain circumstances; providing that the
208	report may also address additional issues of concern to
209	the department and members of the industry; repealing ss.
210	570.071 and 570.901, F.S., relating to the Florida
211	Agricultural Exposition and the Florida Agricultural
212	Museum; providing an effective date.
213
214	Be It Enacted by the Legislature of the State of Florida:
215
216	Section 1.  Section 15.0455, Florida Statutes, is created
217	to read:
218	15.0455  Official state agricultural museum.-
219	(1)  The Florida Agricultural Museum in Flagler County is
220	designated as the official state agricultural museum.
221	(2)  This section is repealed July 1, 2020, unless reviewed
222	and reenacted by the Legislature before that date.
223	Section 2.  Subsections (4) and (9) of section 369.20,
224	Florida Statutes, are amended to read:
225	369.20  Florida Aquatic Weed Control Act.-
226	(4)  The commission shall also promote, develop, and
227	support research activities directed toward the more effective
228	and efficient control of aquatic plants. In the furtherance of
229	this purpose, the commission may is authorized to:
230	(a)  Accept donations and grants of funds and services from
231	both public and private sources;
232	(b)  Contract or enter into agreements with public or
233	private agencies or corporations for research and development of
234	aquatic plant control methods or for the performance of aquatic
235	plant control activities. The commission may enter into an
236	agreement with the Department of Environmental Protection to
237	ensure that pesticides applied to the waters of the state are
238	regulated uniformly, including provisions for the coordination
239	of agency staff and resources, through the implementation of
240	permitting, compliance, and enforcement activities under ss.
241	403.088 and 403.0885;
242	(c)  Construct, acquire, operate, and maintain facilities
243	and equipment; and
244	(d)  Enter upon, or authorize the entry upon, private
245	property for purposes of making surveys and examinations and to
246	engage in aquatic plant control activities; and such entry shall
247	not be deemed a trespass.
248	(9)  A permit issued pursuant to this section for The
249	application of herbicides to waters of in the state for the
250	control of aquatic plants, algae, or invasive exotic plants is
251	exempt from the requirement to obtain a water pollution
252	operation permit except as provided in ss. pursuant to s.
253	403.088 and 403.0885.
254	Section 3.  Paragraph (d) of subsection (1) of section
255	373.1391, Florida Statutes, is amended to read:
256	373.1391  Management of real property.-
257	(1)
258	(d)  For any fee simple acquisition of a parcel which is or
259	will be leased back for agricultural purposes, or for any
260	acquisition of a less-than-fee interest in lands that is or will
261	be used for agricultural purposes, the district governing board
262	shall first consider having a soil and water conservation
263	district created pursuant to chapter 582 manage and monitor such
264	interest. Priority shall be given to the agricultural use
265	present at the time of fee simple acquisition of the parcel.
266	Section 4.  Subsection (1) of section 403.088, Florida
267	Statutes, is amended to read:
268	403.088  Water pollution operation permits; conditions.-
269	(1)  No person, Without the written authorization of the
270	department, a person may not shall discharge any waste into the
271	waters of within the state any waste which, by itself or in
272	combination with the wastes of other sources, reduces the
273	quality of the receiving waters below the classification
274	established for such waters them. However, this section does
275	shall not be deemed to prohibit the application of pesticides to
276	such waters in the state for the control of insects, aquatic
277	weeds, or algae, or other pests if provided the application is
278	performed in accordance with this section.
279	(a)  Upon execution of the agreement required in s.
280	487.163(3), the department may develop a permit or other
281	authorization as required by 33 U.S.C. s. 1342 for the
282	application of pesticides. A person must obtain such permit or
283	other authorization before applying pesticides to the waters of
284	the state.
285	(b)  In consultation with the Department of Agriculture and
286	Consumer Services and the Fish and Wildlife Conservation
287	Commission, the department shall also develop a general permit
288	under s. 403.0885(2), for the application of pesticides.
289	(c)  The department shall also enter into agreements with
290	the Department of Agriculture and Consumer Services pursuant to
291	a program approved by the Department of Health, in the case of
292	insect or other pest control, and with or the Fish and Wildlife
293	Conservation Commission, in the case of aquatic weed, other
294	aquatic pests, or algae control. The department is directed to
295	enter into interagency agreements to establish the procedures
296	for program approval. Such agreements must shall provide for
297	public health, welfare, and safety, as well as environmental
298	factors, and must ensure that pesticides applied to waters of
299	the state are regulated uniformly, including provisions for the
300	coordination of agency staff and resources, through the
301	implementation of permitting, compliance, and enforcement
302	activities under s. 403.0885 and this section. Pesticides that
303	are Approved programs must provide that only chemicals approved
304	for a the particular use by the United States Environmental
305	Protection Agency or by the Department of Agriculture and
306	Consumer Services may be employed and that they be applied in
307	accordance with registered label instructions, state standards
308	for such application, including any permit or other
309	authorization required by this subsection, and the provisions of
310	the Florida Pesticide Law, part I of chapter 487, are allowed a
311	temporary deviation from the acute toxicity provisions of the
312	department's rule establishing surface water quality standards,
313	not to exceed the time necessary to control the target pests and
314	only if the application does not reduce the quality of the
315	receiving waters below the classification for such waters and is
316	not likely to adversely affect any threatened or endangered
317	species.
318	Section 5.  Section 403.9336, Florida Statutes, is amended
319	to read:
320	403.9336  Legislative findings.-The Legislature finds that
321	the implementation of the Model Ordinance for Florida-Friendly
322	Fertilizer Use on Urban Landscapes (2008), which was developed
323	by the department in conjunction with the Florida Consumer
324	Fertilizer Task Force, the Department of Agriculture and
325	Consumer Services, and the University of Florida Institute of
326	Food and Agricultural Sciences, will assist in protecting the
327	quality of Florida's surface water and groundwater resources.
328	The Legislature further finds that local conditions, including
329	variations in the types and quality of water bodies, site-
330	specific soils and geology, and urban or rural densities and
331	characteristics, may necessitate the implementation of
332	additional or more stringent fertilizer management practices at
333	the local government level.
334	Section 6.  Section 403.9337, Florida Statutes, is amended
335	to read:
336	403.9337  Model Ordinance for Florida-Friendly Fertilizer
337	Use on Urban Landscapes.-
338	(1)  The department may amend its Model Ordinance for
339	Florida-Friendly Fertilizer Use on Urban Landscapes (2009).
340	However, any amendment of the model ordinance after July 1,
341	2010, must be adopted by order of the department. Before
342	adopting an amendment to the model ordinance, the department
343	must hold at least one public workshop to discuss and receive
344	comments on the proposed amendment. The department, at a
345	minimum, must notify interested stakeholders of the public
346	workshop, including representatives of the nursery and landscape
347	industry, the pest control industry, the Department of
348	Agriculture and Consumer Services, the University of Florida's
349	Institute of Food and Agricultural Sciences, environmental
350	groups, and county and local governments. Such an order amending
351	the model ordinance is subject to challenge under chapter 120.
352	(2)(1)  All county and municipal governments are encouraged
353	to adopt and enforce the Model Ordinance for Florida-Friendly
354	Fertilizer Use on Urban Landscapes or an equivalent requirement
355	as a mechanism for protecting local surface and groundwater
356	quality.
357	(3)(2)  Each county and municipal government located within
358	the watershed of a water body or water segment that is listed as
359	impaired by nutrients pursuant to s. 403.067, must shall, at a
360	minimum, adopt the most recent version of the department's Model
361	Ordinance for Florida-Friendly Fertilizer Use on Urban
362	Landscapes.
363	(4)  A local government may adopt additional or more
364	stringent standards than the model ordinance if, before
365	adoption, one of the following criteria are met:
366	(a)  The local government has implemented demonstrated, as
367	part of a comprehensive program to address nonpoint sources of
368	nutrient pollution but which is science-based, and economically
369	and technically feasible, that additional or more stringent
370	standards than the model ordinance are necessary in order to
371	adequately address urban fertilizer contributions to nonpoint
372	source nutrient loading to a water body. In any such instance,
373	the comprehensive program must be scientifically based and
374	economically and technically feasible. The comprehensive program
375	may include, but is not limited to:
376	1.  Nonpoint source activities adopted as part of a basin
377	management plan developed pursuant to s. 403.067(7);
378	2.  Adoption of Florida-friendly landscaping requirements,
379	as provided in s. 373.185, into the local government's
380	development code; and
381	3.  The requirement for and enforcement of the
382	implementation of low-impact development practices; or
383	(b)  The local government documents in the public record
384	the need for more stringent standards, including the
385	scientifically documented impairment of waters within the local
386	government's jurisdiction by nutrient enrichment due to
387	landforms, soils, hydrology, climate, or geology.
388	(5)  If the local government proposes more stringent
389	standards, it must document documents that it has requested and
390	considered all relevant scientific information, including input
391	from the department, the institute, the Department of
392	Agriculture and Consumer Services, and the University of
393	Florida's Florida Institute of Food and Agricultural Sciences,
394	if provided, on the need for additional or more stringent
395	provisions to address fertilizer use as a contributor to water
396	quality degradation. All documentation must become part of the
397	public record before adoption of the additional or more
398	stringent criteria.
399	(6)(3)  Any county or municipal government that adopted its
400	own fertilizer use ordinance before January 1, 2009, is exempt
401	from this section. Ordinances adopted or amended on or after
402	January 1, 2009, must substantively conform to the most recent
403	version of the model fertilizer ordinance and are subject to
404	subsections (2)-(5) (1) and (2), as applicable.
405	(7)  A fertilizer ordinance adopted by a county or
406	municipal government may not prohibit an individual certified
407	pursuant to s. 482.1562 from applying fertilizer during any
408	specified period of the calendar year. However, a county or
409	municipal government may require a certified applicator to
410	perform a soil test or leaf tissue analysis to demonstrate the
411	need for nutrient application during any specified period of the
412	calendar year when the use of fertilizer is restricted or
413	prohibited by local ordinance. Notwithstanding subsection (6), a
414	county or municipal government exempt from this section pursuant
415	to subsection (6) remains exempt if it amends its fertilizer
416	ordinance on or after January 1, 2009, to comply with this
417	subsection.
418	(8)(4)  This section does not apply to the use of
419	fertilizer:
420	(a)  On farm operations as defined in s. 823.14; or
421	(b)  On lands classified as agricultural lands pursuant to
422	s. 193.461; or
423	(c)  On any lands used for scientific research, including,
424	but not limited to, research on the effects of fertilizer use on
425	urban stormwater, water quality, agronomics, or horticulture.
426	Section 7.  Subsection (3) is added to section 487.163,
427	Florida Statutes, to read:
428	487.163  Information; interagency cooperation.-
429	(3)  The department shall enter into an agreement with the
430	Department of Environmental Protection to ensure that pesticides
431	applied to waters of the state are regulated uniformly,
432	including provisions for the coordination of agency staff and
433	resources, through the implementation of permitting, compliance,
434	and enforcement activities under ss. 403.088 and 403.0885.
435	Section 8.  Subsection (1) of section 493.6102, Florida
436	Statutes, is amended to read:
437	493.6102  Inapplicability of this chapter.-This chapter
438	shall not apply to:
439	(1)  Any individual who is an "officer" as defined in s.
440	943.10(14), or is a law enforcement officer of the United States
441	Government, while the such local, state, or federal officer is
442	engaged in her or his official duties or when performing off-
443	duty as a security officer, if such activity is activities
444	approved by her or his superiors.
445	Section 9.  Section 493.6105, Florida Statutes, is amended
446	to read:
447	493.6105  Initial application for license.-
448	(1)  Each individual, partner, or principal officer in a
449	corporation, shall file with the department a complete
450	application accompanied by an application fee not to exceed $60,
451	except that the applicant for a Class "D" or Class "G" license
452	is shall not be required to submit an application fee. The
453	application fee is shall not be refundable.
454	(a)  The application submitted by any individual, partner,
455	or corporate officer must shall be approved by the department
456	before the prior to that individual, partner, or corporate
457	officer assumes assuming his or her duties.
458	(b)  Individuals who invest in the ownership of a licensed
459	agency, but do not participate in, direct, or control the
460	operations of the agency are shall not be required to file an
461	application.
462	(2)  Each application must shall be signed and verified by
463	the individual under oath as provided in s. 92.525 and shall be
464	notarized.
465	(3)  The application must shall contain the following
466	information concerning the individual signing the application
467	same:
468	(a)  Name and any aliases.
469	(b)  Age and date of birth.
470	(c)  Place of birth.
471	(d)  Social security number or alien registration number,
472	whichever is applicable.
473	(e)  Current Present residence address and his or her
474	residence addresses within the 5 years immediately preceding the
475	submission of the application.
476	(f)  Occupations held presently and within the 5 years
477	immediately preceding the submission of the application.
478	(f)(g)  A statement of all criminal convictions, findings
479	of guilt, and pleas of guilty or nolo contendere, regardless of
480	adjudication of guilt.
481	(g)  One passport-type color photograph taken within the 6
482	months immediately preceding submission of the application.
483	(h)  A statement whether he or she has ever been
484	adjudicated incompetent under chapter 744.
485	(i)  A statement whether he or she has ever been committed
486	to a mental institution under chapter 394.
487	(j)  A full set of fingerprints on a card provided by the
488	department and a fingerprint fee to be established by rule of
489	the department based upon costs determined by state and federal
490	agency charges and department processing costs. An applicant who
491	has, within the immediately preceding 6 months, submitted a
492	fingerprint card and fee for licensing purposes under this
493	chapter shall not be required to submit another fingerprint card
494	or fee.
495	(k)  A personal inquiry waiver which allows the department
496	to conduct necessary investigations to satisfy the requirements
497	of this chapter.
498	(l)  Such further facts as may be required by the
499	department to show that the individual signing the application
500	is of good moral character and qualified by experience and
501	training to satisfy the requirements of this chapter.
502	(4)  In addition to the application requirements outlined
503	in subsection (3), the applicant for a Class "C," Class "CC,"
504	Class "E," Class "EE," or Class "G" license shall submit two
505	color photographs taken within the 6 months immediately
506	preceding the submission of the application, which meet
507	specifications prescribed by rule of the department. All other
508	applicants shall submit one photograph taken within the 6 months
509	immediately preceding the submission of the application.
510	(4)(5)  In addition to the application requirements
511	outlined under subsection (3), the applicant for a Class "C,"
512	Class "E," Class "M," Class "MA," Class "MB," or Class "MR"
513	license shall include a statement on a form provided by the
514	department of the experience which he or she believes will
515	qualify him or her for such license.
516	(5)(6)  In addition to the requirements outlined in
517	subsection (3), an applicant for a Class "G" license shall
518	satisfy minimum training criteria for firearms established by
519	rule of the department, which training criteria shall include,
520	but is not limited to, 28 hours of range and classroom training
521	taught and administered by a Class "K" licensee; however, no
522	more than 8 hours of such training shall consist of range
523	training. If the applicant can show proof that he or she is an
524	active law enforcement officer currently certified under the
525	Criminal Justice Standards and Training Commission or has
526	completed the training required for that certification within
527	the last 12 months, or if the applicant submits one of the
528	certificates specified in paragraph (6)(a) (7)(a), the
529	department may waive the foregoing firearms training
530	requirement.
531	(6)(7)  In addition to the requirements under subsection
532	(3), an applicant for a Class "K" license shall:
533	(a)  Submit one of the following certificates:
534	1.  The Florida Criminal Justice Standards and Training
535	Commission Firearms Instructor's Certificate and confirmation by
536	the commission that the applicant is authorized to provide
537	firearms instruction.
538	2.  The National Rifle Association Law Enforcement Police
539	Firearms Instructor's Certificate.
540	3.  The National Rifle Association Security Firearms
541	Instructor's Certificate.
542	3.4.  A firearms instructor's training certificate issued
543	by any branch of the United States Armed Forces, from a federal
544	law enforcement academy or agency, state, county, or a law
545	enforcement municipal police academy in this state recognized as
546	such by the Criminal Justice Standards and Training Commission
547	or by the Department of Education.
548	(b)  Pay the fee for and pass an examination administered
549	by the department which shall be based upon, but is not
550	necessarily limited to, a firearms instruction manual provided
551	by the department.
552	(7)(8)  In addition to the application requirements for
553	individuals, partners, or officers outlined under subsection
554	(3), the application for an agency license shall contain the
555	following information:
556	(a)  The proposed name under which the agency intends to
557	operate.
558	(b)  The street address, mailing address, and telephone
559	numbers of the principal location at which business is to be
560	conducted in this state.
561	(c)  The street address, mailing address, and telephone
562	numbers of all branch offices within this state.
563	(d)  The names and titles of all partners or, in the case
564	of a corporation, the names and titles of its principal
565	officers.
566	(8)(9)  Upon submission of a complete application, a Class
567	"CC," Class "C," Class "D," Class "EE," Class "E," Class "M,"
568	Class "MA," Class "MB," or Class "MR" applicant may commence
569	employment or appropriate duties for a licensed agency or branch
570	office. However, the Class "C" or Class "E" applicant must work
571	under the direction and control of a sponsoring licensee while
572	his or her application is being processed. If the department
573	denies application for licensure, the employment of the
574	applicant must be terminated immediately, unless he or she
575	performs only unregulated duties.
576	Section 10.  Paragraph (f) of subsection (1) and paragraph
577	(a) of subsection (2) of section 493.6106, Florida Statutes, are
578	amended, and paragraph (g) is added to subsection (1) of that
579	section, to read:
580	493.6106  License requirements; posting.-
581	(1)  Each individual licensed by the department must:
582	(f)  Be a citizen or permanent legal resident alien of the
583	United States or have appropriate been granted authorization
584	issued to seek employment in this country by the United States
585	Bureau of Citizenship and Immigration Services.
586	1.  An applicant for a Class "C," Class "CC," Class "D,"
587	Class "DI," Class "E," Class "EE," Class "M," Class "MA," Class
588	"MB," Class "MR," or Class "RI" license who is not a United
589	States citizen must submit proof of current employment
590	authorization issued by the United States Citizenship and
591	Immigration Services or proof that she or he is deemed a
592	permanent legal resident alien by the United States Citizenship
593	and Immigration Services.
594	2.  An applicant for a Class "G" or Class "K" license who
595	is not a United States citizen must submit proof that she or he
596	is deemed a permanent legal resident alien by the United States
597	Citizenship and Immigration Services, together with additional
598	documentation establishing that she or he has resided in the
599	state of residence shown on the application for at least 90
600	consecutive days before the date that the application is
601	submitted.
602	3.  An applicant for an agency or school license who is not
603	a United States citizen or permanent legal resident alien must
604	submit documentation issued by the United States Citizenship and
605	Immigration Services stating that she or he is lawfully in the
606	United States and is authorized to own and operate the type of
607	agency or school for which she or he is applying. An employment
608	authorization card issued by the United States Citizenship and
609	Immigration Services is not sufficient documentation.
610	(g)  Not be prohibited from purchasing or possessing a
611	firearm by state or federal law if the individual is applying
612	for a Class "G" license or a Class "K" license.
613	(2)  Each agency shall have a minimum of one physical
614	location within this state from which the normal business of the
615	agency is conducted, and this location shall be considered the
616	primary office for that agency in this state.
617	(a)  If an agency or branch office desires to change the
618	physical location of the business, as it appears on the agency
619	license, the department must be notified within 10 days of the
620	change, and, except upon renewal, the fee prescribed in s.
621	493.6107 must be submitted for each license requiring revision.
622	Each license requiring revision must be returned with such
623	notification.
624	Section 11.  Subsection (3) of section 493.6107, Florida
625	Statutes, is amended to read:
626	493.6107  Fees.-
627	(3)  The fees set forth in this section must be paid by
628	certified check or money order or, at the discretion of the
629	department, by agency check at the time the application is
630	approved, except that the applicant for a Class "G" or Class "M"
631	license must pay the license fee at the time the application is
632	made. If a license is revoked or denied or if the application is
633	withdrawn, the license fee shall not be refunded.
634	Section 12.  Paragraph (a) of subsection (1) and subsection
635	(3) of section 493.6108, Florida Statutes, are amended to read:
636	493.6108  Investigation of applicants by Department of
637	Agriculture and Consumer Services.-
638	(1)  Except as otherwise provided, prior to the issuance of
639	a license under this chapter, the department shall make an
640	investigation of the applicant for a license. The investigation
641	shall include:
642	(a)1.  An examination of fingerprint records and police
643	records. When a criminal history analysis of any applicant under
644	this chapter is performed by means of fingerprint card
645	identification, the time limitations prescribed by s. 120.60(1)
646	shall be tolled during the time the applicant's fingerprint card
647	is under review by the Department of Law Enforcement or the
648	United States Department of Justice, Federal Bureau of
649	Investigation.
650	2.  If a legible set of fingerprints, as determined by the
651	Department of Law Enforcement or the Federal Bureau of
652	Investigation, cannot be obtained after two attempts, the
653	Department of Agriculture and Consumer Services may determine
654	the applicant's eligibility based upon a criminal history record
655	check under the applicant's name conducted by the Department of
656	Law Enforcement if the and the Federal Bureau of Investigation.
657	A set of fingerprints are taken by a law enforcement agency or
658	the department and the applicant submits a written statement
659	signed by the fingerprint technician or a licensed physician
660	stating that there is a physical condition that precludes
661	obtaining a legible set of fingerprints or that the fingerprints
662	taken are the best that can be obtained is sufficient to meet
663	this requirement.
664	(3)  The department shall also investigate the mental
665	history and current mental and emotional fitness of any Class
666	"G" or Class "K" applicant, and may deny a Class "G" or Class
667	"K" license to anyone who has a history of mental illness or
668	drug or alcohol abuse.
669	Section 13.  Subsection (4) of section 493.6111, Florida
670	Statutes, is amended to read:
671	493.6111  License; contents; identification card.-
672	(4)  Notwithstanding the existence of a valid Florida
673	corporate registration, an no agency or school licensee may not
674	conduct activities regulated under this chapter under any
675	fictitious name without prior written authorization from the
676	department to use that name in the conduct of activities
677	regulated under this chapter. The department may not authorize
678	the use of a name which is so similar to that of a public
679	officer or agency, or of that used by another licensee, that the
680	public may be confused or misled thereby. The authorization for
681	the use of a fictitious name shall require, as a condition
682	precedent to the use of such name, the filing of a certificate
683	of engaging in business under a fictitious name under s. 865.09.
684	A No licensee may not shall be permitted to conduct business
685	under more than one fictitious name except as separately
686	licensed nor shall the license be valid to protect any licensee
687	who is engaged in the business under any name other than that
688	specified in the license. An agency desiring to change its
689	licensed name shall notify the department and, except upon
690	renewal, pay a fee not to exceed $30 for each license requiring
691	revision including those of all licensed employees except Class
692	"D" or Class "G" licensees. Upon the return of such licenses to
693	the department, revised licenses shall be provided.
694	Section 14.  Subsection (2) and paragraph (a) of subsection
695	(3) of section 493.6113, Florida Statutes, are amended to read:
696	493.6113  Renewal application for licensure.-
697	(2)  At least No less than 90 days before prior to the
698	expiration date of the license, the department shall mail a
699	written notice to the last known mailing residence address of
700	the licensee for individual licensees and to the last known
701	agency address for agencies.
702	(3)  Each licensee shall be responsible for renewing his or
703	her license on or before its expiration by filing with the
704	department an application for renewal accompanied by payment of
705	the prescribed license fee.
706	(a)  Each Class "B" Class "A," Class "B," or Class "R"
707	licensee shall additionally submit on a form prescribed by the
708	department a certification of insurance which evidences that the
709	licensee maintains coverage as required under s. 493.6110.
710	Section 15.  Subsection (8), paragraph (d) of subsection
711	(12), and subsection (16) of section 493.6115, Florida Statutes,
712	are amended to read:
713	493.6115  Weapons and firearms.-
714	(8)  A Class "G" applicant must satisfy the minimum
715	training criteria as set forth in s. 493.6105(5)(6) and as
716	established by rule of the department.
717	(12)  The department may issue a temporary Class "G"
718	license, on a case-by-case basis, if:
719	(d)  The applicant has received approval from the
720	department subsequent to its conduct of a criminal history
721	record check as authorized in s. 493.6108(1)(a)1. 493.6121(6).
722	(16)  If the criminal history record check program
723	referenced in s. 493.6108(1)(a)1. 493.6121(6) is inoperable, the
724	department may issue a temporary "G" license on a case-by-case
725	basis, provided that the applicant has met all statutory
726	requirements for the issuance of a temporary "G" license as
727	specified in subsection (12), excepting the criminal history
728	record check stipulated there; provided, that the department
729	requires that the licensed employer of the applicant conduct a
730	criminal history record check of the applicant pursuant to
731	standards set forth in rule by the department, and provide to
732	the department an affidavit containing such information and
733	statements as required by the department, including a statement
734	that the criminal history record check did not indicate the
735	existence of any criminal history that would prohibit licensure.
736	Failure to properly conduct such a check, or knowingly providing
737	incorrect or misleading information or statements in the
738	affidavit shall constitute grounds for disciplinary action
739	against the licensed agency, including revocation of license.
740	Section 16.  Paragraph (u) of subsection (1) of section
741	493.6118, Florida Statutes, is redesignated as paragraph (v) and
742	amended, and a new paragraph (u) is added to that subsection, to
743	read:
744	493.6118  Grounds for disciplinary action.-
745	(1)  The following constitute grounds for which
746	disciplinary action specified in subsection (2) may be taken by
747	the department against any licensee, agency, or applicant
748	regulated by this chapter, or any unlicensed person engaged in
749	activities regulated under this chapter.
750	(u)  For a Class "G" or a Class "K" applicant or licensee,
751	being prohibited from purchasing or possessing a firearm by
752	state or federal law.
753	(v)(u)  In addition to the grounds for disciplinary action
754	prescribed in paragraphs (a)-(u) (a)-(t), Class "R" recovery
755	agencies, Class "E" recovery agents, and Class "EE" recovery
756	agent interns are prohibited from committing the following acts:
757	1.  Recovering a motor vehicle, mobile home, motorboat,
758	aircraft, personal watercraft, all-terrain vehicle, farm
759	equipment, or industrial equipment that has been sold under a
760	conditional sales agreement or under the terms of a chattel
761	mortgage before authorization has been received from the legal
762	owner or mortgagee.
763	2.  Charging for expenses not actually incurred in
764	connection with the recovery, transportation, storage, or
765	disposal of repossessed property or personal property obtained
766	in a repossession.
767	3.  Using any repossessed property or personal property
768	obtained in a repossession for the personal benefit of a
769	licensee or an officer, director, partner, manager, or employee
770	of a licensee.
771	4.  Selling property recovered under the provisions of this
772	chapter, except with written authorization from the legal owner
773	or the mortgagee thereof.
774	5.  Failing to notify the police or sheriff's department of
775	the jurisdiction in which the repossessed property is recovered
776	within 2 hours after recovery.
777	6.  Failing to remit moneys collected in lieu of recovery
778	of a motor vehicle, mobile home, motorboat, aircraft, personal
779	watercraft, all-terrain vehicle, farm equipment, or industrial
780	equipment to the client within 10 working days.
781	7.  Failing to deliver to the client a negotiable
782	instrument that is payable to the client, within 10 working days
783	after receipt of such instrument.
784	8.  Falsifying, altering, or failing to maintain any
785	required inventory or records regarding disposal of personal
786	property contained in or on repossessed property pursuant to s.
787	493.6404(1).
788	9.  Carrying any weapon or firearm when he or she is on
789	private property and performing duties under his or her license
790	whether or not he or she is licensed pursuant to s. 790.06.
791	10.  Soliciting from the legal owner the recovery of
792	property subject to repossession after such property has been
793	seen or located on public or private property if the amount
794	charged or requested for such recovery is more than the amount
795	normally charged for such a recovery.
796	11.  Wearing, presenting, or displaying a badge in the
797	course of performing a repossession regulated by this chapter.
798	Section 17.  Subsections (7) and (8) of section 493.6121,
799	Florida Statutes, are renumbered as subsections (6) and (7),
800	respectively, and present subsection (6) of that section is
801	amended, to read:
802	493.6121  Enforcement; investigation.-
803	(6)  The department shall be provided access to the program
804	that is operated by the Department of Law Enforcement, pursuant
805	to s. 790.065, for providing criminal history record information
806	to licensed gun dealers, manufacturers, and exporters. The
807	department may make inquiries, and shall receive responses in
808	the same fashion as provided under s. 790.065. The department
809	shall be responsible for payment to the Department of Law
810	Enforcement of the same fees as charged to others afforded
811	access to the program.
812	Section 18.  Subsection (3) of section 493.6202, Florida
813	Statutes, is amended to read:
814	493.6202  Fees.-
815	(3)  The fees set forth in this section must be paid by
816	certified check or money order or, at the discretion of the
817	department, by agency check at the time the application is
818	approved, except that the applicant for a Class "G," Class "C,"
819	Class "CC," Class "M," or Class "MA" license must pay the
820	license fee at the time the application is made. If a license is
821	revoked or denied or if the application is withdrawn, the
822	license fee shall not be refunded.
823	Section 19.  Subsections (2), (4), and (6) of section
824	493.6203, Florida Statutes, are amended to read:
825	493.6203  License requirements.-In addition to the license
826	requirements set forth elsewhere in this chapter, each
827	individual or agency shall comply with the following additional
828	requirements:
829	(2)  An applicant for a Class "MA" license shall have 2
830	years of lawfully gained, verifiable, full-time experience, or
831	training in:
832	(a)  Private investigative work or related fields of work
833	that provided equivalent experience or training;
834	(b)  Work as a Class "CC" licensed intern;
835	(c)  Any combination of paragraphs (a) and (b);
836	(d)  Experience described in paragraph (a) for 1 year and
837	experience described in paragraph (e) for 1 year;
838	(e)  No more than 1 year using:
839	1.  College coursework related to criminal justice,
840	criminology, or law enforcement administration; or
841	2.  Successfully completed law enforcement-related training
842	received from any federal, state, county, or municipal agency;
843	or
844	(f)  Experience described in paragraph (a) for 1 year and
845	work in a managerial or supervisory capacity for 1 year.
846
847	However, experience in performing bodyguard services is not
848	creditable toward the requirements of this subsection.
849	(4)  An applicant for a Class "C" license shall have 2
850	years of lawfully gained, verifiable, full-time experience, or
851	training in one, or a combination of more than one, of the
852	following:
853	(a)  Private investigative work or related fields of work
854	that provided equivalent experience or training.
855	(b)  College coursework related to criminal justice,
856	criminology, or law enforcement administration, or successful
857	completion of any law enforcement-related training received from
858	any federal, state, county, or municipal agency, except that no
859	more than 1 year may be used from this category.
860	(c)  Work as a Class "CC" licensed intern.
861
862	However, experience in performing bodyguard services is not
863	creditable toward the requirements of this subsection.
864	(6)(a)  A Class "CC" licensee shall serve an internship
865	under the direction and control of a designated sponsor, who is
866	a Class "C," Class "MA," or Class "M" licensee.
867	(b)  Effective January 1, 2011 September 1, 2008, before
868	submission of an application to the department, the an applicant
869	for a Class "CC" license must have completed a minimum of 40 at
870	least 24 hours of professional training a 40-hour course
871	pertaining to general investigative techniques and this chapter,
872	which course is offered by a state university or by a school,
873	community college, college, or university under the purview of
874	the Department of Education, and the applicant must pass an
875	examination. The training must be provided in two parts, one 24-
876	hour course and one 16-hour course. The certificate evidencing
877	satisfactory completion of the 40 at least 24 hours of
878	professional training a 40-hour course must be submitted with
879	the application for a Class "CC" license. The remaining 16 hours
880	must be completed and an examination passed within 180 days. If
881	documentation of completion of the required training is not
882	submitted within the specified timeframe, the individual's
883	license is automatically suspended or his or her authority to
884	work as a Class "CC" pursuant to s. 493.6105(9) is rescinded
885	until such time as proof of certificate of completion is
886	provided to the department. The training course specified in
887	this paragraph may be provided by face-to-face presentation,
888	online technology, or a home study course in accordance with
889	rules and procedures of the Department of Education. The
890	administrator of the examination must verify the identity of
891	each applicant taking the examination.
892	1.  Upon an applicant's successful completion of each part
893	of the approved training course and passage of any required
894	examination, the school, community college, college, or
895	university shall issue a certificate of completion to the
896	applicant. The certificates must be on a form established by
897	rule of the department.
898	2.  The department shall establish by rule the general
899	content of the professional training course and the examination
900	criteria.
901	3.  If the license of an applicant for relicensure is has
902	been invalid for more than 1 year, the applicant must complete
903	the required training and pass any required examination.
904	(c)  An individual who submits an application for a Class
905	"CC" license on or after September 1, 2008, through December 31,
906	2010, who has not completed the 16-hour course must submit proof
907	of successful completion of the course within 180 days after the
908	date the application is submitted. If documentation of
909	completion of the required training is not submitted by that
910	date, the individual's license is automatically suspended until
911	proof of the required training is submitted to the department.
912	An individual licensed on or before August 31, 2008, is not
913	required to complete additional training hours in order to renew
914	an active license beyond the required total amount of training,
915	and within the timeframe, in effect at the time he or she was
916	licensed.
917	Section 20.  Subsection (3) of section 493.6302, Florida
918	Statutes, is amended to read:
919	493.6302  Fees.-
920	(3)  The fees set forth in this section must be paid by
921	certified check or money order or, at the discretion of the
922	department, by agency check at the time the application is
923	approved, except that the applicant for a Class "D," Class "G,"
924	Class "M," or Class "MB" license must pay the license fee at the
925	time the application is made. If a license is revoked or denied
926	or if the application is withdrawn, the license fee shall not be
927	refunded.
928	Section 21.  Subsection (4) of section 493.6303, Florida
929	Statutes, is amended to read:
930	493.6303  License requirements.-In addition to the license
931	requirements set forth elsewhere in this chapter, each
932	individual or agency shall comply with the following additional
933	requirements:
934	(4)(a)  Effective January 1, 2011, an applicant for a Class
935	"D" license must submit proof of successful completion of
936	complete a minimum of 40 hours of professional training at a
937	school or training facility licensed by the department. The
938	training must be provided in two parts, one 24-hour course and
939	one 16-hour course. The department shall by rule establish the
940	general content and number of hours of each subject area to be
941	taught.
942	(b)  An individual who submits an application for a Class
943	"D" license on or after January 1, 2007, through December 31,
944	2010, who has not completed the 16-hour course must submit proof
945	of successful completion of the course within 180 days after the
946	date the application is submitted. If documentation of
947	completion of the required training is not submitted by that
948	date, the individual's license is automatically suspended until
949	proof of the required training is submitted to the department.
950	This section does not require a person licensed before January
951	1, 2007, to complete additional training hours in order to renew
952	an active license beyond the required total amount of training
953	within the timeframe prescribed by law at the time he or she was
954	licensed. An applicant may fulfill the training requirement
955	prescribed in paragraph (a) by submitting proof of:
956	1.  Successful completion of the total number of required
957	hours of training before initial application for a Class "D"
958	license; or
959	2.  Successful completion of 24 hours of training before
960	initial application for a Class "D" license and successful
961	completion of the remaining 16 hours of training within 180 days
962	after the date that the application is submitted. If
963	documentation of completion of the required training is not
964	submitted within the specified timeframe, the individual's
965	license is automatically suspended until such time as proof of
966	the required training is provided to the department.
967	(c)  An individual However, any person whose license is
968	suspended or has been revoked, suspended pursuant to paragraph
969	(b) subparagraph 2., or is expired for at least 1 year, or
970	longer is considered, upon reapplication for a license, an
971	initial applicant and must submit proof of successful completion
972	of 40 hours of professional training at a school or training
973	facility licensed by the department as provided prescribed in
974	paragraph (a) before a license is will be issued. Any person
975	whose license was issued before January 1, 2007, and whose
976	license has been expired for less than 1 year must, upon
977	reapplication for a license, submit documentation of completion
978	of the total number of hours of training prescribed by law at
979	the time her or his initial license was issued before another
980	license will be issued. This subsection does not require an
981	individual licensed before January 1, 2007, to complete
982	additional training hours in order to renew an active license,
983	beyond the required total amount of training within the
984	timeframe prescribed by law at the time she or he was licensed.
985	Section 22.  Subsection (2) of section 493.6304, Florida
986	Statutes, is amended to read:
987	493.6304  Security officer school or training facility.-
988	(2)  The application shall be signed and verified by the
989	applicant under oath as provided in s. 92.525 notarized and
990	shall contain, at a minimum, the following information:
991	(a)  The name and address of the school or training
992	facility and, if the applicant is an individual, her or his
993	name, address, and social security or alien registration number.
994	(b)  The street address of the place at which the training
995	is to be conducted.
996	(c)  A copy of the training curriculum and final
997	examination to be administered.
998	Section 23.  Subsections (7) and (8) of section 493.6401,
999	Florida Statutes, are amended to read:
1000	493.6401  Classes of licenses.-
1001	(7)  Any person who operates a recovery agent repossessor
1002	school or training facility or who conducts an Internet-based
1003	training course or a correspondence training course must have a
1004	Class "RS" license.
1005	(8)  Any individual who teaches or instructs at a Class
1006	"RS" recovery agent repossessor school or training facility
1007	shall have a Class "RI" license.
1008	Section 24.  Paragraphs (f) and (g) of subsection (1) and
1009	subsection (3) of section 493.6402, Florida Statutes, are
1010	amended to read:
1011	493.6402  Fees.-
1012	(1)  The department shall establish by rule biennial
1013	license fees which shall not exceed the following:
1014	(f)  Class "RS" license-recovery agent repossessor school
1015	or training facility: $60.
1016	(g)  Class "RI" license-recovery agent repossessor school
1017	or training facility instructor: $60.
1018	(3)  The fees set forth in this section must be paid by
1019	certified check or money order, or, at the discretion of the
1020	department, by agency check at the time the application is
1021	approved, except that the applicant for a Class "E," Class "EE,"
1022	or Class "MR" license must pay the license fee at the time the
1023	application is made. If a license is revoked or denied, or if an
1024	application is withdrawn, the license fee shall not be refunded.
1025	Section 25.  Subsections (1) and (2) of section 493.6406,
1026	Florida Statutes, are amended to read:
1027	493.6406  Recovery agent Repossession services school or
1028	training facility.-
1029	(1)  Any school, training facility, or instructor who
1030	offers the training outlined in s. 493.6403(2) for Class "E" or
1031	Class "EE" applicants shall, before licensure of such school,
1032	training facility, or instructor, file with the department an
1033	application accompanied by an application fee in an amount to be
1034	determined by rule, not to exceed $60. The fee shall not be
1035	refundable. This training may be offered as face-to-face
1036	training, Internet-based training, or correspondence training.
1037	(2)  The application shall be signed and verified by the
1038	applicant under oath as provided in s. 92.525 notarized and
1039	shall contain, at a minimum, the following information:
1040	(a)  The name and address of the school or training
1041	facility and, if the applicant is an individual, his or her
1042	name, address, and social security or alien registration number.
1043	(b)  The street address of the place at which the training
1044	is to be conducted or the street address of the Class "RS"
1045	school offering Internet-based or correspondence training.
1046	(c)  A copy of the training curriculum and final
1047	examination to be administered.
1048	Section 26.  Subsection (1) of section 500.033, Florida
1049	Statutes, is amended to read:
1050	500.033  Florida Food Safety and Food Defense Advisory
1051	Council.-
1052	(1)  There is created the Florida Food Safety and Food
1053	Defense Advisory Council for the purpose of serving as a forum
1054	for presenting, investigating, and evaluating issues of current
1055	importance to the assurance of a safe and secure food supply to
1056	the citizens of Florida. The Florida Food Safety and Food
1057	Defense Advisory Council shall consist of, but not be limited
1058	to: the Commissioner of Agriculture or his or her designee; the
1059	State Surgeon General or his or her designee; the Secretary of
1060	Business and Professional Regulation or his or her designee; the
1061	person responsible for domestic security with the Department of
1062	Law Enforcement; members representing the production,
1063	processing, distribution, and sale of foods; members
1064	representing small farmers; consumers or members of citizens
1065	groups; representatives of food industry groups; scientists or
1066	other experts in aspects of food safety from state universities;
1067	representatives from local, state, and federal agencies that are
1068	charged with responsibilities for food safety or food defense;
1069	the chairs of the Agriculture Committees of the Senate and the
1070	House of Representatives or their designees; and the chairs of
1071	the committees of the Senate and the House of Representatives
1072	with jurisdictional oversight of home defense issues or their
1073	designees. The Commissioner of Agriculture shall appoint the
1074	remaining members. The council shall make periodic reports to
1075	the Department of Agriculture and Consumer Services concerning
1076	findings and recommendations in the area of food safety and food
1077	defense.
1078	Section 27.  Paragraph (a) of subsection (2) of section
1079	501.605, Florida Statutes, is amended to read:
1080	501.605  Licensure of commercial telephone sellers.-
1081	(2)  An applicant for a license as a commercial telephone
1082	seller must submit to the department, in such form as it
1083	prescribes, a written application for the license. The
1084	application must set forth the following information:
1085	(a)  The true name, date of birth, driver's license number,
1086	social security number, and home address of the applicant,
1087	including each name under which he or she intends to do
1088	business.
1089
1090	The application shall be accompanied by a copy of any: Script,
1091	outline, or presentation the applicant will require or suggest a
1092	salesperson to use when soliciting, or, if no such document is
1093	used, a statement to that effect; sales information or
1094	literature to be provided by the applicant to a salesperson; and
1095	sales information or literature to be provided by the applicant
1096	to a purchaser in connection with any solicitation.
1097	Section 28.  Paragraph (a) of subsection (1) of section
1098	501.607, Florida Statutes, is amended to read:
1099	501.607  Licensure of salespersons.-
1100	(1)  An applicant for a license as a salesperson must
1101	submit to the department, in such form as it prescribes, a
1102	written application for a license. The application must set
1103	forth the following information:
1104	(a)  The true name, date of birth, driver's license number,
1105	social security number, and home address of the applicant.
1106	Section 29.  Subsection (2) of section 501.913, Florida
1107	Statutes, is amended to read:
1108	501.913  Registration.-
1109	(2)  The completed application shall be accompanied by:
1110	(a)  Specimens or facsimiles of the label for each brand of
1111	antifreeze;
1112	(b)  An application fee of $200 for each brand; and
1113	(c)  A properly labeled sample of at least 1 gallon, but
1114	not more than 2 gallons, of each brand of antifreeze.
1115	Section 30.  Subsection (2) of section 525.01, Florida
1116	Statutes, is amended to read:
1117	525.01  Gasoline and oil to be inspected.-
1118	(2)  All petroleum fuels are shall be subject to inspection
1119	and analysis by the department. Before selling or offering for
1120	sale in this state any petroleum fuel, all manufacturers,
1121	terminal suppliers, wholesalers, and importers as defined in s.
1122	206.01 jobbers shall file with the department:
1123	(a)  An affidavit that they desire to do business in this
1124	state, and the name and address of the manufacturer of the
1125	petroleum fuel.
1126	(b)  An affidavit stating that the petroleum fuel is in
1127	conformity with the standards prescribed by department rule.
1128	Section 31.  Subsections (1) and (3) of section 525.09,
1129	Florida Statutes, are amended to read:
1130	525.09  Inspection fee.-
1131	(1)  For the purpose of defraying the expenses incident to
1132	inspecting, testing, and analyzing petroleum fuels in this
1133	state, there shall be paid to the department a charge of one-
1134	eighth cent per gallon on all gasoline, alternative fuel
1135	containing alcohol as defined in s. 525.01(1)(c)1. or 2.,
1136	kerosene (except when used as aviation turbine fuel), and #1
1137	fuel oil for sale or use in this state. This inspection fee
1138	shall be imposed in the same manner as the motor fuel tax
1139	pursuant to s. 206.41. Payment shall be made on or before the
1140	25th day of each month.
1141	(3)  All remittances to the department for the inspection
1142	tax herein provided shall be accompanied by a detailed report
1143	under oath showing the number of gallons of gasoline,
1144	alternative fuel containing alcohol as defined in s.
1145	525.01(1)(c)1. and 2., kerosene, or fuel oil sold and delivered
1146	in each county.
1147	Section 32.  Section 526.50, Florida Statutes, is amended
1148	to read:
1149	526.50  Definition of terms.-As used in this part:
1150	(1)  "Brake fluid" means the fluid intended for use as the
1151	liquid medium through which force is transmitted in the
1152	hydraulic brake system of a vehicle operated upon the highways.
1153	(2)  "Brand" means the product name appearing on the label
1154	of a container of brake fluid.
1155	(3)(5)  "Container" means any receptacle in which brake
1156	fluid is immediately contained when sold, but does not mean a
1157	carton or wrapping in which a number of such receptacles are
1158	shipped or stored or a tank car or truck.
1159	(4)(2)  "Department" means the Department of Agriculture
1160	and Consumer Services.
1161	(5)  "Formula" means the name of the chemical mixture or
1162	composition of the brake fluid product.
1163	(6)(4)  "Labeling" includes all written, printed or graphic
1164	representations, in any form whatsoever, imprinted upon or
1165	affixed to any container of brake fluid.
1166	(7)(6)  "Permit year" means a period of 12 months
1167	commencing July 1 and ending on the next succeeding June 30.
1168	(8)(7)  "Registrant" means any manufacturer, packer,
1169	distributor, seller, or other person who has registered a brake
1170	fluid with the department.
1171	(9)(3)  "Sell" includes give, distribute, barter, exchange,
1172	trade, keep for sale, offer for sale or expose for sale, in any
1173	of their variant forms.
1174	Section 33.  Paragraph (a) of subsection (1) of section
1175	526.51, Florida Statutes, is amended to read:
1176	526.51  Registration; renewal and fees; departmental
1177	expenses; cancellation or refusal to issue or renew.-
1178	(1)(a)  Application for registration of each brand of brake
1179	fluid shall be made on forms to be supplied by the department.
1180	The applicant shall give his or her name and address and the
1181	brand name of the brake fluid, state that he or she owns the
1182	brand name and has complete control over the product sold
1183	thereunder in Florida, and provide the name and address of the
1184	resident agent in Florida. If the applicant does not own the
1185	brand name but wishes to register the product with the
1186	department, a notarized affidavit that gives the applicant full
1187	authorization to register the brand name and that is signed by
1188	the owner of the brand name must accompany the application for
1189	registration. The affidavit must include all affected brand
1190	names, the owner's company or corporate name and address, the
1191	applicant's company or corporate name and address, and a
1192	statement from the owner authorizing the applicant to register
1193	the product with the department. The owner of the brand name
1194	shall maintain complete control over each product sold under
1195	that brand name in this state. All first-time brand-formula
1196	combination new product applications must be accompanied by a
1197	certified report from an independent testing laboratory, setting
1198	forth the analysis of the brake fluid which shall show its
1199	quality to be not less than the specifications established by
1200	the department for brake fluids. A sample of not less than 24
1201	fluid ounces of brake fluid shall be submitted, in a container
1202	or containers, with labels representing exactly how the
1203	containers of brake fluid will be labeled when sold, and the
1204	sample and container shall be analyzed and inspected by the
1205	Division of Standards in order that compliance with the
1206	department's specifications and labeling requirements may be
1207	verified. Upon approval of the application, the department shall
1208	register the brand name of the brake fluid and issue to the
1209	applicant a permit authorizing the registrant to sell the brake
1210	fluid in this state during the permit year specified in the
1211	permit.
1212	Section 34.  Paragraph (a) of subsection (3) of section
1213	526.52, Florida Statutes, is amended to read:
1214	526.52  Specifications; adulteration and misbranding.-
1215	(3)  Brake fluid is deemed to be misbranded:
1216	(a)  If its container does not bear on its side or top a
1217	label on which is printed the name and place of business of the
1218	registrant of the product, the words "brake fluid," and a
1219	statement that the product therein equals or exceeds the minimum
1220	specification of the Society of Automotive Engineers for heavy-
1221	duty-type brake fluid or equals or exceeds Federal Motor Vehicle
1222	Safety Standard No. 116 adopted by the United States Department
1223	of Transportation, heavy-duty-type. By regulation the department
1224	may require that the duty-type classification appear on the
1225	label.
1226	Section 35.  Subsection (2) of section 526.53, Florida
1227	Statutes, is amended to read:
1228	526.53  Enforcement; inspection and analysis, stop-sale and
1229	disposition, regulations.-
1230	(2)(a)  When any brake fluid is sold in violation of any of
1231	the provisions of this part, all such affected brake fluid of
1232	the same brand name on the same premises on which the violation
1233	occurred shall be placed under a stop-sale order by the
1234	department by serving the owner of the brand name, distributor,
1235	or other entity responsible for selling or distributing the
1236	product in the state with the stop-sale order. The department
1237	shall withdraw its stop-sale order upon the removal of the
1238	violation or upon voluntary destruction of the product, or other
1239	disposal approved by the department, under the supervision of
1240	the department.
1241	(b)  In addition to being subject to the stop-sale
1242	procedures above, unregistered brake fluid shall be held by the
1243	department or its representative, at a place to be designated in
1244	the stop-sale order, until properly registered and released in
1245	writing by the department or its representative. If application
1246	is has not been made for registration of the such product within
1247	30 days after issue of the stop-sale order, such product shall
1248	be disposed of by the department, or, with the department's
1249	consent, by the business, to any tax-supported institution or
1250	agency of the state if the brake fluid meets legal
1251	specifications or by other disposal authorized by rule of the
1252	department if it fails to meet legal specifications.
1253	Section 36.  Subsections (1) and (3) and paragraphs (a) and
1254	(c) of subsection (5) of section 527.0201, Florida Statutes, are
1255	amended to read:
1256	527.0201  Qualifiers; master qualifiers; examinations.-
1257	(1)  In addition to the requirements of s. 527.02, any
1258	person applying for a license to engage in the activities of a
1259	pipeline system operator, category I liquefied petroleum gas
1260	dealer, category II liquefied petroleum gas dispenser, category
1261	IV liquefied petroleum gas dispenser and recreational vehicle
1262	servicer, category V liquefied petroleum gases dealer for
1263	industrial uses only, LP gas installer, specialty installer,
1264	requalifier requalification of cylinders, or fabricator,
1265	repairer, and tester of vehicles and cargo tanks must prove
1266	competency by passing a written examination administered by the
1267	department or its agent with a grade of at least 75 percent in
1268	each area tested or above. Each applicant for examination shall
1269	submit a $20 nonrefundable fee. The department shall by rule
1270	specify the general areas of competency to be covered by each
1271	examination and the relative weight to be assigned in grading
1272	each area tested.
1273	(3)  Qualifier cards issued to category I liquefied
1274	petroleum gas dealers and liquefied petroleum gas installers
1275	shall expire 3 years after the date of issuance. All category I
1276	liquefied petroleum gas dealer qualifiers and liquefied
1277	petroleum gas installer qualifiers holding a valid qualifier
1278	card upon the effective date of this act shall retain their
1279	qualifier status until July 1, 2003, and may sit for the master
1280	qualifier examination at any time during that time period. All
1281	such category I liquefied petroleum gas dealer qualifiers and
1282	liquefied petroleum gas installer qualifiers may renew their
1283	qualification on or before July 1, 2003, upon application to the
1284	department, payment of a $20 renewal fee, and documentation of
1285	the completion of a minimum of 16 12 hours of approved
1286	continuing education courses, as defined by department rule,
1287	during the previous 3-year period. Applications for renewal must
1288	be made 30 calendar days prior to expiration. Persons failing to
1289	renew prior to the expiration date must reapply and take a
1290	qualifier competency examination in order to reestablish
1291	category I liquefied petroleum gas dealer qualifier and
1292	liquefied petroleum gas installer qualifier status. If a
1293	category I liquefied petroleum gas qualifier or liquefied
1294	petroleum gas installer qualifier becomes a master qualifier at
1295	any time during the effective date of the qualifier card, the
1296	card shall remain in effect until expiration of the master
1297	qualifier certification.
1298	(5)  In addition to all other licensing requirements, each
1299	category I liquefied petroleum gas dealer and liquefied
1300	petroleum gas installer must, at the time of application for
1301	licensure, identify to the department one master qualifier who
1302	is a full-time employee at the licensed location. This person
1303	shall be a manager, owner, or otherwise primarily responsible
1304	for overseeing the operations of the licensed location and must
1305	provide documentation to the department as provided by rule. The
1306	master qualifier requirement shall be in addition to the
1307	requirements of subsection (1).
1308	(a)  In order to apply for certification as a master
1309	qualifier, each applicant must be a category I liquefied
1310	petroleum gas dealer qualifier or liquefied petroleum gas
1311	installer qualifier, must be employed by a licensed category I
1312	liquefied petroleum gas dealer, liquefied petroleum gas
1313	installer, or applicant for such license, must provide
1314	documentation of a minimum of 1 year's work experience in the
1315	gas industry, and must pass a master qualifier competency
1316	examination. Master qualifier examinations shall be based on
1317	Florida's laws, rules, and adopted codes governing liquefied
1318	petroleum gas safety, general industry safety standards, and
1319	administrative procedures. The examination must be successfully
1320	passed completed by the applicant with a grade of at least 75
1321	percent or more. Each applicant for master qualifier status
1322	shall submit to the department a nonrefundable $30 examination
1323	fee prior to the examination.
1324	(c)  Master qualifier status shall expire 3 years after the
1325	date of issuance of the certificate and may be renewed by
1326	submission to the department of documentation of completion of
1327	at least 16 12 hours of approved continuing education courses
1328	during the 3-year period; proof of employment with a licensed
1329	category I liquefied petroleum gas dealer, liquefied petroleum
1330	gas installer, or applicant; and a $30 certificate renewal fee.
1331	The department shall define, by rule, approved courses of
1332	continuing education.
1333	Section 37.  Section 527.12, Florida Statutes, is amended
1334	to read:
1335	527.12  Cease and desist orders; stop-use orders; stop-
1336	operation orders; stop-sale orders; administrative fines.-
1337	(1)  Whenever the department has shall have reason to
1338	believe that any person is violating or has violated been
1339	violating provisions of this chapter or any rules adopted under
1340	this chapter pursuant thereto, the department it may issue a
1341	cease and desist order, or impose a civil penalty, or do both
1342	may issue such cease and desist order and impose a civil
1343	penalty.
1344	(2)  Whenever a person or liquefied petroleum gas system or
1345	storage facility, or any part or component thereof, fails to
1346	comply with this chapter or any rules adopted under this
1347	chapter, the department may issue a stop-use order, stop-
1348	operation order, or stop-sale order.
1349	Section 38.  Subsection (1) of section 559.805, Florida
1350	Statutes, is amended to read:
1351	559.805  Filings with the department; disclosure of
1352	advertisement identification number.-
1353	(1)  Every seller of a business opportunity shall annually
1354	file with the department a copy of the disclosure statement
1355	required by s. 559.803 before prior to placing an advertisement
1356	or making any other representation designed to offer to, sell
1357	to, or solicit an offer to buy a business opportunity from a
1358	prospective purchaser in this state and shall update this filing
1359	by reporting any material change in the required information
1360	within 30 days after the material change occurs. An
1361	advertisement is not placed in the state merely because the
1362	publisher circulates, or there is circulated on his or her
1363	behalf in the state, any bona fide newspaper or other
1364	publication of general, regular, and paid circulation which has
1365	had more than two-thirds of its circulation during the past 12
1366	months outside the state or because a radio or television
1367	program originating outside the state is received in the state.
1368	If the seller is required by s. 559.807 to provide a bond or
1369	establish a trust account or guaranteed letter of credit, he or
1370	she shall contemporaneously file with the department a copy of
1371	the bond, a copy of the formal notification by the depository
1372	that the trust account is established, or a copy of the
1373	guaranteed letter of credit. Every seller of a business
1374	opportunity shall file with the department a list of independent
1375	agents who will engage in the offer or sale of business
1376	opportunities on behalf of the seller in this state. This list
1377	must be kept current and shall include the following
1378	information: name, home and business address, telephone number,
1379	present employer, social security number, and birth date. A No
1380	person may not shall be allowed to offer or sell business
1381	opportunities unless the required information is has been
1382	provided to the department.
1383	Section 39.  Subsection (3) of section 559.928, Florida
1384	Statutes, is amended to read:
1385	559.928  Registration.-
1386	(3)  Each independent agent shall annually file an
1387	affidavit with the department before prior to engaging in
1388	business in this state. This affidavit must include the
1389	independent agent's full name, legal business or trade name,
1390	mailing address, business address, telephone number, social
1391	security number, and the name or names and addresses of each
1392	seller of travel represented by the independent agent. A letter
1393	evidencing proof of filing must be issued by the department and
1394	must be prominently displayed in the independent agent's primary
1395	place of business. Each independent agent must also submit an
1396	annual registration fee of $50. All moneys collected pursuant to
1397	the imposition of the fee shall be deposited by the Chief
1398	Financial Officer into the General Inspection Trust Fund of the
1399	Department of Agriculture and Consumer Services for the sole
1400	purpose of administrating this part. As used in this subsection,
1401	the term "independent agent" means a person who represents a
1402	seller of travel by soliciting persons on its behalf; who has a
1403	written contract with a seller of travel which is operating in
1404	compliance with this part and any rules adopted thereunder; who
1405	does not receive a fee, commission, or other valuable
1406	consideration directly from the purchaser for the seller of
1407	travel; who does not at any time have any unissued ticket stock
1408	or travel documents in his or her possession; and who does not
1409	have the ability to issue tickets, vacation certificates, or any
1410	other travel document. The term "independent agent" does not
1411	include an affiliate of the seller of travel, as that term is
1412	used in s. 559.935(3), or the employees of the seller of travel
1413	or of such affiliates.
1414	Section 40.  Paragraph (c) of subsection (16) of section
1415	570.07, Florida Statutes, is amended to read:
1416	570.07  Department of Agriculture and Consumer Services;
1417	functions, powers, and duties.-The department shall have and
1418	exercise the following functions, powers, and duties:
1419	(16)  To enforce the state laws and rules relating to:
1420	(c)  Registration, labeling, inspection, sale, and analysis
1421	of commercial stock feeds and commercial fertilizers;
1422
1423	In order to ensure uniform health and safety standards, the
1424	adoption of standards and fines in the subject areas of
1425	paragraphs (a)-(n) is expressly preempted to the state and the
1426	department. Any local government enforcing the subject areas of
1427	paragraphs (a)-(n) must use the standards and fines set forth in
1428	the pertinent statutes or any rules adopted by the department
1429	pursuant to those statutes.
1430	Section 41.  Subsection (7) of section 570.0725, Florida
1431	Statutes, is amended to read:
1432	570.0725  Food recovery; legislative intent; department
1433	functions.-
1434	(7)  For public information purposes, the department may
1435	shall develop and provide a public information brochure
1436	detailing the need for food banks and similar of food recovery
1437	programs, the benefit of such food recovery programs, the manner
1438	in which such organizations may become involved in such food
1439	recovery programs, and the protection afforded to such programs
1440	under s. 768.136, and the food recovery entities or food banks
1441	that exist in the state. This brochure must be updated annually.
1442	A food bank or similar food recovery organization seeking to be
1443	included on a list of such organizations must notify the
1444	department and provide the information required by rule of the
1445	department. Such organizations are responsible for updating the
1446	information and providing the updated information to the
1447	department. The department may adopt rules to implement this
1448	section.
1449	Section 42.  Paragraph (e) of subsection (6) of section
1450	570.53, Florida Statutes, is amended to read:
1451	570.53  Division of Marketing and Development; powers and
1452	duties.-The powers and duties of the Division of Marketing and
1453	Development include, but are not limited to:
1454	(6)
1455	(e)  Extending in every practicable way the distribution
1456	and sale of Florida agricultural products throughout the markets
1457	of the world as required of the department by s. ss. 570.07(7),
1458	(8), (10), and (11) and 570.071 and chapters 571, 573, and 574.
1459	Section 43.  Subsection (2) of section 570.54, Florida
1460	Statutes, is amended to read:
1461	570.54  Director; duties.-
1462	(2)  It shall be the duty of the director of this division
1463	to supervise, direct, and coordinate the activities authorized
1464	by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and
1465	(20), 570.071, 570.21, 534.47-534.53, and 604.15-604.34 and
1466	chapters 504, 571, 573, and 574 and to exercise other powers and
1467	authority as authorized by the department.
1468	Section 44.  Subsection (4) of section 570.55, Florida
1469	Statutes, is amended to read:
1470	570.55  Identification of sellers or handlers of tropical
1471	or subtropical fruit and vegetables; containers specified;
1472	penalties.-
1473	(4)  IDENTIFICATION OF HANDLER.-At the time of each
1474	transaction involving the handling or sale of 55 pounds or more
1475	of tropical or subtropical fruit or vegetables in the primary
1476	channel of trade, the buyer or receiver of the tropical or
1477	subtropical fruit or vegetables shall demand a bill of sale,
1478	invoice, sales memorandum, or other document listing the date of
1479	the transaction, the quantity of the tropical or subtropical
1480	fruit or vegetables involved in the transaction, and the
1481	identification of the seller or handler as it appears on the
1482	driver's license of the seller or handler, including the
1483	driver's license number. If the seller or handler does not
1484	possess a driver's license, the buyer or receiver shall use any
1485	other acceptable means of identification, which may include, but
1486	is not limited to, i.e., voter's registration card and number,
1487	draft card, social security card, or other identification.
1488	However, no less than two identification documents shall be
1489	used. The identification of the seller or handler shall be
1490	recorded on the bill of sale, sales memorandum, invoice, or
1491	voucher, which shall be retained by the buyer or receiver for a
1492	period of not less than 1 year from the date of the transaction.
1493	Section 45.  Subsection (3) of section 570.902, Florida
1494	Statutes, is amended to read:
1495	570.902  Definitions; ss. 570.902 and 570.903.-For the
1496	purpose of ss. 570.902 and 570.903:
1497	(3)  "Museum" means the Florida Agricultural Museum which
1498	is designated as the museum for agriculture and rural history of
1499	the State of Florida.
1500	Section 46.  Section 570.903, Florida Statutes, is amended
1501	to read:
1502	570.903  Direct-support organization.-
1503	(1)  When the Legislature authorizes the establishment of a
1504	direct-support organization to provide assistance for the
1505	museums, the Florida Agriculture in the Classroom Program, the
1506	Florida State Collection of Arthropods, the Friends of the
1507	Florida State Forests Program of the Division of Forestry, and
1508	the Forestry Arson Alert Program, and other programs of the
1509	department, the following provisions shall govern the creation,
1510	use, powers, and duties of the direct-support organization.
1511	(a)  The department shall enter into a memorandum or letter
1512	of agreement with the direct-support organization, which shall
1513	specify the approval of the department, the powers and duties of
1514	the direct-support organization, and rules with which the
1515	direct-support organization shall comply.
1516	(b)  The department may permit, without charge, appropriate
1517	use of property, facilities, and personnel of the department by
1518	a direct-support organization, subject to the provisions of ss.
1519	570.902 and 570.903. The use shall be directly in keeping with
1520	the approved purposes of the direct-support organization and
1521	shall not be made at times or places that would unreasonably
1522	interfere with opportunities for the general public to use
1523	department facilities for established purposes.
1524	(c)  The department shall prescribe by contract or by rule
1525	conditions with which a direct-support organization shall comply
1526	in order to use property, facilities, or personnel of the
1527	department or museum. Such rules shall provide for budget and
1528	audit review and oversight by the department.
1529	(d)  The department shall not permit the use of property,
1530	facilities, or personnel of the museum, department, or
1531	designated program by a direct-support organization which does
1532	not provide equal employment opportunities to all persons
1533	regardless of race, color, religion, sex, age, or national
1534	origin.
1535	(2)(a)  The direct-support organization shall be empowered
1536	to conduct programs and activities; raise funds; request and
1537	receive grants, gifts, and bequests of money; acquire, receive,
1538	hold, invest, and administer, in its own name, securities,
1539	funds, objects of value, or other property, real or personal;
1540	and make expenditures to or for the direct or indirect benefit
1541	of the museum or designated program.
1542	(b)  Notwithstanding the provisions of s. 287.057, the
1543	direct-support organization may enter into contracts or
1544	agreements with or without competitive bidding for the
1545	restoration of objects, historical buildings, and other
1546	historical materials or for the purchase of objects, historical
1547	buildings, and other historical materials which are to be added
1548	to the collections of the museum, or benefit of the designated
1549	program. However, before the direct-support organization may
1550	enter into a contract or agreement without competitive bidding,
1551	the direct-support organization shall file a certification of
1552	conditions and circumstances with the internal auditor of the
1553	department justifying each contract or agreement.
1554	(c)  Notwithstanding the provisions of s. 287.025(1)(e),
1555	the direct-support organization may enter into contracts to
1556	insure property of the museum or designated programs and may
1557	insure objects or collections on loan from others in satisfying
1558	security terms of the lender.
1559	(3)  The direct-support organization shall provide for an
1560	annual financial audit in accordance with s. 215.981.
1561	(4)  Neither a designated program or a museum, nor a
1562	nonprofit corporation trustee or employee may:
1563	(a)  Receive a commission, fee, or financial benefit in
1564	connection with the sale or exchange of property historical
1565	objects or properties to the direct-support organization, the
1566	museum, or the designated program; or
1567	(b)  Be a business associate of any individual, firm, or
1568	organization involved in the sale or exchange of property to the
1569	direct-support organization, the museum, or the designated
1570	program.
1571	(5)  All moneys received by the direct-support organization
1572	shall be deposited into an account of the direct-support
1573	organization and shall be used by the organization in a manner
1574	consistent with the goals of the museum or designated program.
1575	(6)  The identity of a donor or prospective donor who
1576	desires to remain anonymous and all information identifying such
1577	donor or prospective donor are confidential and exempt from the
1578	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1579	Constitution.
1580	(7)  The Commissioner of Agriculture, or the commissioner's
1581	designee, may serve on the board of trustees and the executive
1582	committee of any direct-support organization established to
1583	benefit the museum or any designated program.
1584	(8)  The department shall establish by rule archival
1585	procedures relating to museum artifacts and records. The rules
1586	shall provide procedures which protect the museum's artifacts
1587	and records equivalent to those procedures which have been
1588	established by the Department of State under chapters 257 and
1589	267.
1590	Section 47.  Subsection (4) of section 573.118, Florida
1591	Statutes, is amended to read:
1592	573.118  Assessment; funds; audit; loans.-
1593	(4)  In the event of levying and collecting of assessments,
1594	for each fiscal year in which assessment funds are received by
1595	the department, the department shall maintain records of
1596	collections and expenditures for each marketing order separately
1597	within the state's accounting system. If requested by an
1598	advisory council, department staff shall cause to be made a
1599	thorough annual audit of the books and accounts by a certified
1600	public accountant, such audit to be completed within 60 days
1601	after the request is received end of the fiscal year. The
1602	advisory council department and all producers and handlers
1603	covered by the marketing order shall be provided a copy of the
1604	properly advised of the details of the annual official audit of
1605	the accounts as shown by the certified public accountant within
1606	30 days after completion of the audit.
1607	Section 48.  Subsections (18) through (30) of section
1608	581.011, Florida Statutes, are renumbered as subsections (17)
1609	through (29), respectively, and present subsections (17) and
1610	(20) of that section are amended to read:
1611	581.011  Definitions.-As used in this chapter:
1612	(17)  "Museum" means the Florida State Collection of
1613	Arthropods.
1614	(19)(20)  "Nursery" means any grounds or premises on or in
1615	which nursery stock is grown, propagated, or held for sale or
1616	distribution, including except where aquatic plant species are
1617	tended for harvest in the natural environment.
1618	Section 49.  Paragraph (a) of subsection (3) of section
1619	581.211, Florida Statutes, is amended to read:
1620	581.211  Penalties for violations.-
1621	(3)(a)1.  In addition to any other provision of law, the
1622	department may, after notice and hearing, impose an
1623	administrative fine not exceeding $10,000 $5,000 for each
1624	violation of this chapter, upon any person, nurseryman, stock
1625	dealer, agent or plant broker. The fine, when paid, shall be
1626	deposited in the Plant Industry Trust Fund. In addition, the
1627	department may place the violator on probation for up to 1 year,
1628	with conditions.
1629	2.  The imposition of a fine or probation pursuant to this
1630	subsection may be in addition to or in lieu of the suspension or
1631	revocation of a certificate of registration or certificate of
1632	inspection.
1633	Section 50.  Section 583.13, Florida Statutes, is amended
1634	to read:
1635	583.13  Labeling and advertising requirements for dressed
1636	poultry; unlawful acts.-
1637	(1)  It is unlawful for any dealer or broker to sell, offer
1638	for sale, or hold for the purpose of sale in the state any
1639	dressed or ready-to-cook poultry in bulk unless the such poultry
1640	is packed in a container clearly bearing a label, not less than
1641	3 inches by 5 inches, on which shall be plainly and legibly
1642	printed, in letters of not less than 1/4 inch high in height,
1643	the grade and the part name or whole-bird statement of such
1644	poultry. The grade may be expressed in the term "premium,"
1645	"good," or "standard," or as the grade of another state or
1646	federal agency the standards of quality of which, by law, are
1647	equal to the standards of quality provided by this law and rules
1648	promulgated hereunder.
1649	(2)  It is unlawful to sell unpackaged dressed or ready-to-
1650	cook poultry at retail unless such poultry is labeled by a
1651	placard immediately adjacent to the poultry or unless each bird
1652	is individually labeled to show the grade and the part name or
1653	whole-bird statement. The placard shall be no smaller than 7
1654	inches by 7 inches in size, and the required labeling
1655	information shall be legibly and plainly printed on the placard
1656	in letters not smaller than 1 inch in height.
1657	(3)  It is unlawful to sell packaged dressed or ready-to-
1658	cook poultry at retail unless such poultry is labeled to show
1659	the grade, the part name or whole-bird statement, the net weight
1660	of the poultry, and the name and address of the dealer. The size
1661	of the type on the label must be one-eighth inch or larger. A
1662	placard immediately adjacent to such poultry may be used to
1663	indicate the grade and the part name or whole-bird statement,
1664	but not the net weight of the poultry or the name and address of
1665	the dealer.
1666	(4)  It is unlawful to use dressed or ready-to-cook poultry
1667	in bulk in the preparation of food served to the public, or to
1668	hold such poultry for the purpose of such use, unless the
1669	poultry when received was packed in a container clearly bearing
1670	a label, not less than 3 inches by 5 inches, on which was
1671	plainly and legibly printed, in letters not less than 1/4 one-
1672	fourth inch high in height, the grade and the part name or
1673	whole-bird statement of such poultry. The grade may be expressed
1674	in the term "premium," "good," or "standard," or as the grade of
1675	another state or federal agency the standards of quality of
1676	which, by law, are equal to the standards of quality provided by
1677	this law and rules promulgated hereunder.
1678	(5)  It is unlawful to offer dressed or ready-to-cook
1679	poultry for sale in any advertisement in a newspaper or
1680	circular, on radio or television, or in any other form of
1681	advertising without plainly designating in such advertisement
1682	the grade and the part name or whole-bird statement of such
1683	poultry.
1684	Section 51.  Subsection (1) of section 585.61, Florida
1685	Statutes, is amended to read:
1686	585.61  Animal disease diagnostic laboratories.-
1687	(1)  There is hereby created and established an animal
1688	disease diagnostic laboratory in Osceola County and Suwannee
1689	County. The laboratory complex in Osceola County is designated
1690	as the "Bronson Animal Disease Diagnostic Laboratory."
1691	Section 52.  Subsections (4) and (5) of section 590.125,
1692	Florida Statutes, are renumbered as subsections (5) and (6),
1693	respectively, subsection (1), paragraph (b) of subsection (3),
1694	and paragraph (c) of present subsection (4) are amended, and new
1695	subsections (4) and (7) are added to that section, to read:
1696	590.125  Open burning authorized by the division.-
1697	(1)  DEFINITIONS.-As used in this section, the term:
1698	(a)  "Certified pile burner" means an individual who
1699	successfully completes the division's pile burning certification
1700	program and possesses a valid pile burner certification number.
1701	(b)  "Certified prescribed burn manager" means an
1702	individual who successfully completes the certified prescribed
1703	burning certification program of the division and possesses a
1704	valid certification number.
1705	(c)(d)  "Extinguished" means:
1706	1.  that no spreading flame For wild land burning or
1707	certified prescribed burning, that no spreading flames exist.
1708	2.  and no visible flame, smoke, or emissions For
1709	vegetative land-clearing debris burning or pile burning, that no
1710	visible flames exist.
1711	3.  For vegetative land-clearing debris burning or pile
1712	burning in an area designated as smoke sensitive by the
1713	division, that no visible flames, smoke, or emissions exist.
1714	(d)  "Land-clearing operation" means the uprooting or
1715	clearing of vegetation in connection with the construction of
1716	buildings and rights-of-way, land development, and mineral
1717	operations. The term does not include the clearing of yard
1718	trash.
1719	(e)  "Pile burning" means the burning of silvicultural,
1720	agricultural, or land-clearing and tree-cutting debris
1721	originating onsite, which is stacked together in a round or
1722	linear fashion, including, but not limited to, a windrow.
1723	(f)(a)  "Prescribed burning" means the controlled
1724	application of fire in accordance with a written prescription
1725	for vegetative fuels under specified environmental conditions
1726	while following appropriate precautionary measures that ensure
1727	that the fire is confined to a predetermined area to accomplish
1728	the planned fire or land-management objectives.
1729	(g)(c)  "Prescription" means a written plan establishing
1730	the criteria necessary for starting, controlling, and
1731	extinguishing a prescribed burn.
1732	(h)  "Yard trash" means vegetative matter resulting from
1733	landscaping and yard maintenance operations and other such
1734	routine property cleanup activities. The term includes materials
1735	such as leaves, shrub trimmings, grass clippings, brush, and
1736	palm fronds.
1737	(3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
1738	PURPOSE.-
1739	(b)  Certified prescribed burning pertains only to
1740	broadcast burning for purposes of silviculture, wildlife
1741	management, ecological maintenance and restoration, and range
1742	and pasture management. It must be conducted in accordance with
1743	this subsection and:
1744	1.  May be accomplished only when a certified prescribed
1745	burn manager is present on site with a copy of the prescription
1746	from ignition of the burn to its completion.
1747	2.  Requires that a written prescription be prepared before
1748	receiving authorization to burn from the division.
1749	3.  Requires that the specific consent of the landowner or
1750	his or her designee be obtained before requesting an
1751	authorization.
1752	4.  Requires that an authorization to burn be obtained from
1753	the division before igniting the burn.
1754	5.  Requires that there be adequate firebreaks at the burn
1755	site and sufficient personnel and firefighting equipment for the
1756	control of the fire.
1757	6.  Is considered to be in the public interest and does not
1758	constitute a public or private nuisance when conducted under
1759	applicable state air pollution statutes and rules.
1760	7.  Is considered to be a property right of the property
1761	owner if vegetative fuels are burned as required in this
1762	subsection.
1763	(4)  CERTIFIED PILE BURNING; LEGISLATIVE FINDINGS AND
1764	PURPOSE.-
1765	(a)  Pile burning is a tool that benefits current and
1766	future generations in Florida by disposing of naturally
1767	occurring vegetative debris through burning rather than
1768	disposing of the debris in landfills.
1769	(b)  Certified pile burning pertains to the disposal of
1770	piled, naturally occurring debris from an agricultural,
1771	silvicultural, or temporary land-clearing operation. A land-
1772	clearing operation is temporary if it operates for 6 months or
1773	less. Certified pile burning must be conducted in accordance
1774	with this subsection, and:
1775	1.  A certified pile burner must ensure, before ignition,
1776	that the piles are properly placed and that the content of the
1777	piles is conducive to efficient burning.
1778	2.  A certified pile burner must ensure that the piles are
1779	properly extinguished no later than 1 hour after sunset. If the
1780	burn is conducted in an area designated by the division as smoke
1781	sensitive, a certified pile burner must ensure that the piles
1782	are properly extinguished at least 1 hour before sunset.
1783	3.  A written pile burn plan must be prepared before
1784	receiving authorization from the division to burn.
1785	4.  The specific consent of the landowner or his or her
1786	agent must be obtained before requesting authorization to burn.
1787	5.  An authorization to burn must be obtained from the
1788	division or its designated agent before igniting the burn.
1789	6.  There must be adequate firebreaks and sufficient
1790	personnel and firefighting equipment at the burn site to control
1791	the fire.
1792	(c)  If a burn is conducted in accordance with this
1793	subsection, the property owner and his or her agent are not
1794	liable under s. 590.13 for damage or injury caused by the fire
1795	or resulting smoke, and are not in violation of subsection (2),
1796	unless gross negligence is proven.
1797	(d)  A certified pile burner who violates this section
1798	commits a misdemeanor of the second degree, punishable as
1799	provided in s. 775.082 or s. 775.083.
1800	(e)  The division shall adopt rules regulating certified
1801	pile burning. The rules shall include procedures and criteria
1802	for certifying and decertifying certified pile burn managers
1803	based on past experience, training, and record of compliance
1804	with this section.
1805	(5)(4)  WILDFIRE HAZARD REDUCTION TREATMENT BY THE
1806	DIVISION.-The division may conduct fuel reduction initiatives,
1807	including, but not limited to, burning and mechanical and
1808	chemical treatment, on any area of wild land within the state
1809	which is reasonably determined to be in danger of wildfire in
1810	accordance with the following procedures:
1811	(c)  Prepare, and send the county tax collector shall
1812	include with the annual tax statement, a notice to be sent to
1813	all landowners in each area township designated by the division
1814	as a wildfire hazard area. The notice must describe particularly
1815	the area to be treated and the tentative date or dates of the
1816	treatment and must list the reasons for and the expected
1817	benefits from the wildfire hazard reduction.
1818	(7)  DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING
1819	AUTHORIZATION PROGRAMS.-
1820	(a)  A county or municipality may exercise the division's
1821	authority, if delegated by the division under this subsection,
1822	to issue authorizations for the burning of yard trash or debris
1823	from land-clearing operations. A county's or municipality's
1824	existing or proposed open burning authorization program must:
1825	1.  Be approved by the division. The division shall not
1826	approve a program if it fails to meet the requirements of
1827	subsections (2) and (4) and any rules adopted under those
1828	subsections.
1829	2.  Provide by ordinance or local law the requirements for
1830	obtaining and performing a burn authorization that comply with
1831	subsections (2) and (4) and any rules adopted under those
1832	subsections.
1833	3.  Provide for the enforcement of the program's
1834	requirements.
1835	4.  Provide financial, personnel, and other resources
1836	needed to carry out the program.
1837	(b)  If the division determines that a county's or
1838	municipality's open burning authorization program does not
1839	comply with subsections (2) and (4) and any rules adopted under
1840	those subsections, the division shall require the county or
1841	municipality to take necessary corrective actions within a
1842	reasonable period, not to exceed 90 days.
1843	1.  If the county or municipality fails to take the
1844	necessary corrective actions within the required period, the
1845	division shall resume administration of the open burning
1846	authorization program in the county or municipality and the
1847	county or municipality shall cease administration of its
1848	program.
1849	2.  Each county and municipality administering an open
1850	burning authorization program must cooperate with and assist the
1851	division in carrying out the division's powers, duties, and
1852	functions.
1853	3.  A person who violates the requirements of a county's or
1854	municipality's open burning authorization program, as provided
1855	by ordinance or local law enacted pursuant to this section,
1856	commits a violation of this chapter, punishable as provided in
1857	s. 590.14.
1858	Section 53.  Section 590.14, Florida Statutes, is amended
1859	to read:
1860	590.14  Notice of violation; penalties.-
1861	(1)  If a division employee determines that a person has
1862	violated chapter 589, or this chapter, or any rule adopted by
1863	the division to administer provisions of law conferring duties
1864	upon the division, the division employee he or she may issue a
1865	notice of violation indicating the statute violated. This notice
1866	will be filed with the division and a copy forwarded to the
1867	appropriate law enforcement entity for further action if
1868	necessary.
1869	(2)  In addition to any penalties provided by law, any
1870	person who causes a wildfire or permits any authorized fire to
1871	escape the boundaries of the authorization or to burn past the
1872	time of the authorization is liable for the payment of all
1873	reasonable costs and expenses incurred in suppressing the fire
1874	or $150, whichever is greater. All costs and expenses incurred
1875	by the division shall be payable to the division. When such
1876	costs and expenses are not paid within 30 days after demand, the
1877	division may take proper legal proceedings for the collection of
1878	the costs and expenses. Those costs incurred by an agency acting
1879	at the division's direction are recoverable by that agency.
1880	(3)  The department may also impose an administrative fine,
1881	not to exceed $1,000 per violation of any section of chapter 589
1882	or this chapter or violation of any rule adopted by the division
1883	to administer provisions of law conferring duties upon the
1884	division. The fine shall be based upon the degree of damage, the
1885	prior violation record of the person, and whether the person
1886	knowingly provided false information to obtain an authorization.
1887	The fines shall be deposited in the Incidental Trust Fund of the
1888	division.
1889	(4)  A person may not:
1890	(a)  Fail to comply with any rule or order adopted by the
1891	division to administer provisions of law conferring duties upon
1892	the division; or
1893	(b)  Knowingly make any false statement or representation
1894	in any application, record, plan, or other document required by
1895	this chapter or any rules adopted under this chapter.
1896	(5)  A person who violates paragraph (4)(a) or paragraph
1897	(4)(b) commits a misdemeanor of the second degree, punishable as
1898	provided in s. 775.082 or s. 775.083.
1899	(6)  It is the intent of the Legislature that a penalty
1900	imposed by a court under subsection (5) be of a severity that
1901	ensures immediate and continued compliance with this section.
1902	(7)(4)  The penalties provided in this section shall extend
1903	to both the actual violator and the person or persons, firm, or
1904	corporation causing, directing, or permitting the violation.
1905	Section 54.  Paragraph (a) of subsection (1) of section
1906	599.004, Florida Statutes, is amended to read:
1907	599.004  Florida Farm Winery Program; registration; logo;
1908	fees.-
1909	(1)  The Florida Farm Winery Program is established within
1910	the Department of Agriculture and Consumer Services. Under this
1911	program, a winery may qualify as a tourist attraction only if it
1912	is registered with and certified by the department as a Florida
1913	Farm Winery. A winery may not claim to be certified unless it
1914	has received written approval from the department.
1915	(a)  To qualify as a certified Florida Farm Winery, a
1916	winery shall meet the following standards:
1917	1.  Produce or sell less than 250,000 gallons of wine
1918	annually.
1919	2.  Maintain a minimum of 10 acres of owned or managed land
1920	vineyards in Florida which produces commodities used in the
1921	production of wine.
1922	3.  Be open to the public for tours, tastings, and sales at
1923	least 30 hours each week.
1924	4.  Make annual application to the department for
1925	recognition as a Florida Farm Winery, on forms provided by the
1926	department.
1927	5.  Pay an annual application and registration fee of $100.
1928	Section 55.  Subsection (1) of section 604.15, Florida
1929	Statutes, is amended, and subsection (11) is added to that
1930	section, to read:
1931	604.15  Dealers in agricultural products; definitions.-For
1932	the purpose of ss. 604.15-604.34, the following words and terms,
1933	when used, shall be construed to mean:
1934	(1)  "Agricultural products" means the natural products of
1935	the farm, nursery, grove, orchard, vineyard, garden, and apiary
1936	(raw or manufactured); sod; tropical foliage; horticulture; hay;
1937	livestock; milk and milk products; poultry and poultry products;
1938	the fruit of the saw palmetto (meaning the fruit of the Serenoa
1939	repens); limes (meaning the fruit Citrus aurantifolia, variety
1940	Persian, Tahiti, Bearss, or Florida Key limes); and any other
1941	nonexempt agricultural products produced in the state, except
1942	tobacco, sugarcane, tropical foliage, timber and timber
1943	byproducts, forest products as defined in s. 591.17, and citrus
1944	other than limes.
1945	(11)  "Responsible position" means a position within the
1946	business of a dealer in agricultural products that has the
1947	authority to negotiate or make the purchase of agricultural
1948	products on behalf of the dealer's business or has principal
1949	active management authority over the business decisions,
1950	actions, and activities of the dealer's business in this state.
1951	Section 56.  Section 604.19, Florida Statutes, is amended
1952	to read:
1953	604.19  License; fee; bond; certificate of deposit;
1954	penalty.-Unless the department refuses the application on one or
1955	more of the grounds provided in this section, it shall issue to
1956	an applicant, upon the payment of required fees and the
1957	execution and delivery of a bond or certificate of deposit as
1958	provided in this section, a state license entitling the
1959	applicant to conduct business as a dealer in agricultural
1960	products for a 1-year period to coincide with the effective
1961	period of the bond or certificate of deposit furnished by the
1962	applicant. During the 1-year period covered by a license, if the
1963	supporting surety bond or certificate of deposit is canceled for
1964	any reason, the license shall automatically expire on the date
1965	the surety bond or certificate of deposit terminates, unless an
1966	acceptable replacement is in effect before the date of
1967	termination so that continual coverage occurs for the remaining
1968	period of the license. A surety company shall give the
1969	department a 30-day written notice of cancellation by certified
1970	mail in order to cancel a bond. Cancellation of a bond or
1971	certificate of deposit does shall not relieve a surety company
1972	or financial institution of liability for purchases or sales
1973	occurring while the bond or certificate of deposit was in
1974	effect. The license fee, which must be paid for the principal
1975	place of business for a dealer in agricultural products, shall
1976	be based upon the amount of the dealer's surety bond or
1977	certificate of deposit furnished by each dealer under the
1978	provisions of s. 604.20 and may not exceed $500. For each
1979	additional place in which the applicant desires to conduct
1980	business and which the applicant names in the application, the
1981	additional license fee must be paid but may not exceed $100
1982	annually. If a Should any dealer in agricultural products fails,
1983	refuses, or neglects fail, refuse, or neglect to apply and
1984	qualify for the renewal of a license on or before its the date
1985	of expiration date thereof, a penalty not to exceed $100 shall
1986	apply to and be added to the original license fee for the
1987	principal place of business and to the license fee for each
1988	additional place of business named in the application and shall
1989	be paid by the applicant before the renewal license may be
1990	issued. The department by rule shall prescribe fee amounts
1991	sufficient to fund ss. 604.15-604.34.
1992	Section 57.  Section 604.25, Florida Statutes, is amended
1993	to read:
1994	604.25  Denial of, refusal to renew grant, or suspension or
1995	revocation of, license.-
1996	(1)  The department may deny, refuse to renew, decline to
1997	grant a license or may suspend or revoke a license already
1998	granted if the applicant or licensee has:
1999	(1)(a)  Suffered a monetary judgment entered against the
2000	applicant or licensee upon which is execution has been returned
2001	unsatisfied;
2002	(2)(b)  Made false charges for handling or services
2003	rendered;
2004	(3)(c)  Failed to account promptly and properly or to make
2005	settlements with any producer;
2006	(4)(d)  Made any false statement or statements as to
2007	condition, quality, or quantity of goods received or held for
2008	sale when the true condition, quality, or quantity could have
2009	been ascertained by reasonable inspection;
2010	(5)(e)  Made any false or misleading statement or
2011	statements as to market conditions or service rendered;
2012	(6)(f)  Been guilty of a fraud in the attempt to procure,
2013	or the procurement of, a license;
2014	(7)(g)  Directly or indirectly sold agricultural products
2015	received on consignment or on a net return basis for her or his
2016	own account, without prior authority from the producer
2017	consigning the same, or without notifying such producer;
2018	(8)(h)  Failed to prevent a person from holding a position
2019	as the applicant's or licensee's owner, officer, director,
2020	general or managing partner, or employee Employed in a
2021	responsible position a person, or holding any other similarly
2022	situated position, if the person holds or has held a similar
2023	position with any entity that an officer of a corporation, who
2024	has failed to fully comply with an order of the department, has
2025	not satisfied a civil judgment held by the department, has
2026	pending any administrative or civil enforcement action by the
2027	department, or has pending any criminal charges pursuant to s.
2028	604.30 at any time within 1 year after issuance;
2029	(9)(i)  Violated any statute or rule relating to the
2030	purchase or sale of any agricultural product, whether or not
2031	such transaction is subject to the provisions of this chapter;
2032	or
2033	(10)(j)  Failed to submit to the department an application,
2034	appropriate license fees, and an acceptable surety bond or
2035	certificate of deposit; or.
2036	(11)(2)  Failed If a licensee fails or refused refuses to
2037	comply in full with an order of the department or failed to
2038	satisfy a civil judgment owed to the department, her or his
2039	license may be suspended or revoked, in which case she or he
2040	shall not be eligible for license for a period of 1 year or
2041	until she or he has fully complied with the order of the
2042	department.
2043	(3)  No person, or officer of a corporation, whose license
2044	has been suspended or revoked for failure to comply with an
2045	order of the department may hold a responsible position with a
2046	licensee for a period of 1 year or until the order of the
2047	department has been fully complied with.
2048	Section 58.  Subsections (18) and (19) of section 616.242,
2049	Florida Statutes, are renumbered as subsections (19) and (20),
2050	respectively, and a new subsection (18) is added to that section
2051	to read:
2052	616.242  Safety standards for amusement rides.-
2053	(18)  STOP-OPERATION ORDERS.-If an owner or amusement ride
2054	fails to comply with this chapter or any rule adopted under this
2055	chapter, the department may issue a stop-operation order.
2056	Section 59.  Subsection (7) is added to section 624.4095,
2057	Florida Statutes, to read:
2058	624.4095  Premiums written; restrictions.-
2059	(7)  For purposes of ss. 624.407 and 624.408 and this
2060	section, with regard to capital and surplus required, gross
2061	written premiums for federal multiple-peril crop insurance that
2062	is ceded to the Federal Crop Insurance Corporation and
2063	authorized reinsurers shall not be included when calculating the
2064	insurer's gross writing ratio. The liabilities for ceded
2065	reinsurance premiums payable for federal multiple-peril crop
2066	insurance ceded to the Federal Crop Insurance Corporation and
2067	authorized reinsurers shall be netted against the asset for
2068	amounts recoverable from reinsurers. Each insurer that writes
2069	other insurance products together with federal multiple-peril
2070	crop insurance shall disclose in the notes to the annual and
2071	quarterly financial statement, or file a supplement to the
2072	financial statement that discloses, a breakout of the gross
2073	written premiums for federal multiple-peril crop insurance.
2074	Section 60.  Subsection (4) of section 686.201, Florida
2075	Statutes, is amended to read:
2076	686.201  Sales representative contracts involving
2077	commissions; requirements; termination of agreement; civil
2078	remedies.-
2079	(4)  This section does not apply to:
2080	(a)  Persons licensed pursuant to chapter 475 who are
2081	performing services within the scope of their license.
2082	(b)  Contracts to which a seller of travel as defined in s.
2083	559.927 is a party.
2084	Section 61.  Paragraph (c) of subsection (5) of section
2085	790.06, Florida Statutes, is amended to read:
2086	790.06  License to carry concealed weapon or firearm.-
2087	(5)  The applicant shall submit to the Department of
2088	Agriculture and Consumer Services:
2089	(c)  A full set of fingerprints of the applicant
2090	administered by a law enforcement agency or the Division of
2091	Licensing of the Department of Agriculture and Consumer
2092	Services.
2093	Section 62.  Section 828.126, Florida Statutes, is created
2094	to read:
2095	828.126  Sexual activities involving animals.-
2096	(1)  As used in this section, the term "sexual activities"
2097	means oral, anal, or vaginal penetration by, or union with, the
2098	sexual organ of an animal or the anal or vaginal penetration of
2099	any animal by any object.
2100	(2)  A person may not:
2101	(a)  Knowingly engage in sexual activities with an animal.
2102	(b)  Knowingly cause, aid, or abet another person to engage
2103	in sexual activities with an animal.
2104	(c)  Knowingly permit any sexual activities with an animal
2105	to be conducted on any premises under his or her control.
2106	(d)  Knowingly organize, promote, conduct, advertise, aid,
2107	abet, participate as an observer, or perform any service in the
2108	furtherance of an act involving any sexual activities with an
2109	animal for a commercial or recreational purpose.
2110	(3)  A person who violates this section commits a
2111	misdemeanor of the first degree, punishable as provided in s.
2112	775.082 or s. 775.083.
2113	(4)  This section does not apply to normal and ordinary
2114	animal husbandry practices, conformation judging practices, or
2115	accepted veterinary medical practices.
2116	(5)  For purposes of this section, the term "animal" means
2117	any living or dead dumb creature.
2118	Section 63.  The Department of Agriculture and Consumer
2119	Services shall meet with duly authorized representatives of
2120	established organizations representing the state's pest control
2121	industry and shall prepare and submit a report to the President
2122	of the Senate, the Speaker of the House of Representatives, the
2123	chair of the Senate Committee on Agriculture, and the chair of
2124	the House Agriculture and Natural Resources Policy Committee by
2125	January 1, 2011. The report shall include recommended amendments
2126	to chapter 482, Florida Statutes, that provide for disciplinary
2127	action to be taken against licensees who violate laws or rules
2128	pertaining to the pretreatment of soil to protect newly
2129	constructed homes, pest control at sensitive facilities such as
2130	schools and nursing homes, and the fumigation of existing homes
2131	for protection against termite damage, thereby providing
2132	additional safeguards for consumers. The report may also address
2133	other issues of concern to the department and to members of the
2134	industry, such as changes to requirements for professional
2135	liability insurance coverage or the amount of bond required,
2136	duties and responsibilities of a certified operator, issuance of
2137	a centralized pest control service center license, and limited
2138	certification for commercial wildlife management personnel.
2139	Section 64.  Sections 570.071 and 570.901, Florida
2140	Statutes, are repealed.
2141	Section 65.  This act shall take effect July 1, 2010.

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