Florida Senate - 2010 SB 2348
By Senator Baker
20-01489A-10 20102348__
1 A bill to be entitled
2 An act relating to the Department of Agriculture and
3 Consumer Services; creating the “Florida Food Freedom
4 Act”; providing definitions; providing a purpose for
5 the act; providing an exemption from licensure
6 requirements for certain food producers that sell or
7 deliver directly to the consumer; prohibiting state
8 and local governmental agencies from requiring
9 licensure, certification, or inspection of such
10 producers under certain circumstances; amending s.
11 403.9336, F.S.; revising a reference to the Model
12 Ordinance for Florida-Friendly Fertilizer Use on Urban
13 Landscapes; amending s. 403.9337, F.S.; revising the
14 criteria for a local government’s adoption of more
15 stringent standards; amending s. 493.6102, F.S.;
16 specifying that provisions regulating security
17 officers do not apply to certain law enforcement,
18 correctional, and probation officers performing off
19 duty activities; amending s. 493.6105, F.S.; revising
20 the application requirements and procedures for
21 certain private investigative, private security,
22 recovery agent, and firearm licenses; specifying
23 application requirements for firearms instructor
24 licenses; amending s. 493.6106, F.S.; revising
25 citizenship requirements and documentation for certain
26 private investigative, private security, and recovery
27 agent licenses; prohibiting the licensure of
28 applicants for a statewide firearm license or firearms
29 instructor license who are prohibited from purchasing
30 or possessing firearms; requiring that private
31 investigative, security, and recovery agencies notify
32 the department of changes to their branch office
33 locations; amending s. 493.6107, F.S.; requiring the
34 department to accept certain methods of payment for
35 certain fees; amending s. 493.6108, F.S.; revising
36 requirements for criminal history checks of license
37 applicants whose fingerprints are not legible;
38 requiring the investigation of the mental and
39 emotional fitness of applicants for firearms
40 instructor licenses; amending s. 493.6111, F.S.;
41 requiring a security officer school or recovery agent
42 school to obtain the department’s approval for use of
43 a fictitious name; specifying that a licensee may not
44 conduct business under more than one fictitious name;
45 amending s. 493.6113, F.S.; revising application
46 renewal procedures and requirements; amending s.
47 493.6115, F.S.; conforming cross-references; amending
48 s. 493.6118, F.S.; authorizing disciplinary action
49 against statewide firearm licensees and firearms
50 instructor licensees who are prohibited from
51 purchasing or possessing firearms; amending s.
52 493.6121, F.S.; deleting provisions for the
53 department’s access to certain criminal history
54 records provided to licensed gun dealers,
55 manufacturers, and exporters; amending s. 493.6202,
56 F.S.; requiring the department to accept certain
57 methods of payment for certain fees; amending s.
58 493.6203, F.S.; prohibiting bodyguard services from
59 being credited toward certain license requirements;
60 revising the training requirements for private
61 investigator intern license applicants; requiring the
62 automatic suspension of an intern’s license under
63 certain circumstances; providing an exception;
64 amending s. 493.6302, F.S.; requiring the department
65 to accept certain methods of payment for certain fees;
66 amending s. 493.6303, F.S.; revising the training
67 requirements for security officer license applicants;
68 amending s. 493.6304, F.S.; revising application
69 requirements and procedures for security officer
70 school licenses; amending s. 493.6401, F.S.; revising
71 terminology for recovery agent schools and training
72 facilities; amending s. 493.6402, F.S.; revising
73 terminology for recovery agent schools and training
74 facilities; requiring the department to accept certain
75 methods of payment for certain fees; amending s.
76 493.6406, F.S.; revising terminology; requiring
77 recovery agent school and instructor licenses;
78 providing license application requirements and
79 procedures; amending s. 500.03, F.S.; revising the
80 term “food establishment” to include tomato repackers
81 for purposes of the Florida Food Safety Act; amending
82 s. 500.12, F.S.; providing that certain persons who
83 sell directly to the consumer are exempt from food
84 permit requirements; requiring persons who sell
85 directly to the consumer to be trained and certified;
86 creating s. 500.70, F.S.; defining terms; authorizing
87 the department to adopt rules establishing food safety
88 standards for tomatoes; authorizing the department to
89 inspect tomato farms, greenhouses, packinghouses, and
90 repacking locations; providing penalties; authorizing
91 the department to establish good agricultural
92 practices and best management practices for the tomato
93 industry by rule; providing a presumption that
94 tomatoes introduced into commerce are safe for human
95 consumption under certain circumstances; providing
96 exemptions; amending ss. 501.605 and 501.607, F.S.;
97 revising application requirements for commercial
98 telephone seller and salesperson licenses; amending s.
99 501.913, F.S.; specifying the sample size required for
100 antifreeze registration application; amending s.
101 525.01, F.S.; revising requirements for petroleum fuel
102 affidavits; amending s. 525.09, F.S.; imposing an
103 inspection fee on certain alternative fuels containing
104 alcohol; amending s. 526.50, F.S.; defining terms
105 applicable to regulation of the sale of brake fluid;
106 amending s. 526.51, F.S.; revising brake fluid permit
107 application requirements; deleting permit renewal
108 requirements; providing for reregistration of brake
109 fluid; establishing fees; amending s. 526.52, F.S.;
110 revising requirements for printed statements on brake
111 fluid containers; amending s. 526.53, F.S.; revising
112 requirements and procedures for brake fluid stop-sale
113 orders; authorizing businesses to dispose of
114 unregistered brake fluid under certain circumstances;
115 amending s. 527.0201, F.S.; revising requirements for
116 liquefied petroleum gas qualifying examinations;
117 increasing continuing education requirements for
118 certain liquefied petroleum gas qualifiers; amending
119 s. 527.12, F.S.; providing for the issuance of certain
120 stop orders; amending ss. 559.805 and 559.928, F.S.;
121 deleting social security numbers as a listing
122 requirement on registration affidavits for independent
123 agents of sellers of business opportunities; amending
124 s. 570.07, F.S.; authorizing the department to adopt
125 best management practices for agricultural production
126 and food safety; amending s. 570.0725, F.S.; revising
127 provisions for public information about food banks and
128 similar food recovery programs; authorizing the
129 department to adopt rules; amending s. 570.48, F.S.;
130 revising duties of the Division of Fruit and
131 Vegetables for tomato food safety inspections;
132 amending ss. 570.53 and 570.54, F.S.; conforming
133 cross-references; amending s. 570.55, F.S.; revising
134 requirements for identifying sellers or handlers of
135 tropical or subtropical fruit or vegetables; amending
136 s. 570.902, F.S.; conforming terminology to the repeal
137 by the act of provisions establishing the Florida
138 Agricultural Museum; amending s. 570.903, F.S.;
139 revising provisions for direct-support organizations
140 for certain agricultural programs to conform to the
141 repeal by the act of provisions establishing the
142 Florida Agricultural Museum; deleting provisions for a
143 direct-support organization for the Florida State
144 Collection of Arthropods; amending s. 573.118, F.S.;
145 requiring the department to maintain records of
146 marketing orders; requiring an audit at the request of
147 an advisory council; requiring that the advisory
148 council receive a copy of the audit within a specified
149 time; amending s. 581.011, F.S.; deleting terminology
150 relating to the Florida State Collection of
151 Arthropods; revising the term “nursery” for purposes
152 of plant industry regulations; amending s. 581.211,
153 F.S.; increasing the maximum fine for violations of
154 plant industry regulations; amending s. 583.01, F.S.;
155 redefining the term “dealer” with regard to the sale
156 of eggs and poultry; amending s. 583.13, F.S.;
157 deleting a prohibition on the sale of poultry without
158 displaying the poultry grade; amending s. 590.125,
159 F.S.; revising terminology for open burning
160 authorizations; specifying purposes of certified
161 prescribed burning; requiring the authorization of the
162 Division of Forestry for certified pile burning;
163 providing pile burning requirements; limiting the
164 liability of property owners or agents engaged in pile
165 burning; providing for the certification of pile
166 burners; providing penalties for violations by
167 certified pile burners; requiring rules; authorizing
168 the division to adopt rules regulating certified pile
169 burning; revising notice requirements for wildfire
170 hazard reduction treatments; providing for approval of
171 local government open burning authorization programs;
172 providing program requirements; authorizing the
173 division to close local government programs under
174 certain circumstances; providing penalties for
175 violations of local government open burning
176 requirements; amending s. 590.14, F.S.; authorizing
177 fines for violations of any division rule; providing
178 penalties for certain violations; providing
179 legislative intent; amending s. 599.004, F.S.;
180 revising standards that a winery must meet to qualify
181 as a certified Florida Farm Winery; amending s.
182 604.15, F.S.; revising the term “agricultural
183 products” to make tropical foliage exempt from
184 regulation under provisions relating to dealers in
185 agricultural products; defining the term “responsible
186 position”; amending s. 604.19, F.S.; revising
187 requirements for late fees on agricultural products
188 dealer applications; amending s. 604.20, F.S.;
189 revising the minimum amount of the surety bond or
190 certificate of deposit required for agricultural
191 products dealer licenses; providing conditions for the
192 payment of bond or certificate of deposit proceeds;
193 requiring additional documentation for issuance of a
194 conditional license; amending s. 604.25, F.S.;
195 revising conditions under which the department may
196 deny, refuse to renew, suspend, or revoke agricultural
197 products dealer licenses; deleting a provision
198 prohibiting certain persons from holding a responsible
199 position with a licensee; amending s. 616.242, F.S.;
200 authorizing alternative forms of insurance coverage
201 required for amusement rides; authorizing the issuance
202 of stop-operation orders for amusement rides under
203 certain circumstances; amending s. 686.201, F.S.;
204 exempting contracts involving a seller of travel from
205 requirements for certain sales representative
206 contracts; amending s. 790.06, F.S.; authorizing a
207 concealed firearm license applicant to submit
208 fingerprints administered by the Division of
209 Licensing; repealing ss. 570.071 and 570.901, F.S.,
210 relating to the Florida Agricultural Exposition and
211 the Florida Agricultural Museum; providing an
212 effective date.
213
214 Be It Enacted by the Legislature of the State of Florida:
215
216 Section 1. Florida Food Freedom Act.—
217 (1) SHORT TITLE.—This section may be cited as the “Florida
218 Food Freedom Act.”
219 (2) DEFINITIONS.—As used in this section, the term:
220 (a) “Agent” means a person who conducts commerce on behalf
221 of a producer.
222 (b) “Agritourism activity” has the same meaning as provided
223 in s. 570.961, Florida Statutes. The term also means a style of
224 vacation that normally takes place on a farm or ranch, and
225 includes any farm or ranch that is open to the public at least
226 part of the year. The term also includes the opportunity to
227 participate in agricultural tasks, including, but not limited
228 to, harvesting fruits and vegetables, riding horses, tasting
229 honey, learning about wine, and shopping in farm or ranch gift
230 shops and farm stands for local and regional agricultural
231 produce or hand-crafted gifts.
232 (c) “End consumer” means a person who is the last person to
233 purchase any product or preparation and who does not resell the
234 product or preparation.
235 (d) “Home consumption” means consumed within a private
236 home.
237 (e) “Producer” means any person who grows any plant or
238 animal for food or drink.
239 (f) “Transaction” means the exchange of buying and selling.
240 (3) PURPOSE; LICENSURE EXEMPTION.—
241 (a) The purpose of this section is to encourage the
242 expansion and accessibility of farmers’ markets, roadside
243 stands, ranch- and farm-based sales, and agricultural sales by:
244 1. Promoting the purchase and consumption of fresh and
245 local agricultural products;
246 2. Enhancing the agricultural economy;
247 3. Encouraging agritourism activities in this state;
248 4. Providing this state’s residents with unimpeded access
249 to healthful food from known sources; and
250 5. Encouraging the expansion and accessibility of farmers’
251 markets, roadside stands, ranch- and farm-based sales, and
252 direct agricultural sales from the producer to the end consumer.
253 (b) Any producer who:
254 1. Sells his or her product at farmers’ markets or at
255 roadside stands;
256 2. Sells his or her product through ranch- and farm-based
257 sales directly to the end consumer; or
258 3. Delivers his or her product directly to the end
259 consumer,
260
261 is exempt from permit requirements of s. 500.12, Florida
262 Statutes.
263 (c) Notwithstanding any other provision of law, a state
264 agency or an agency of any political subdivision of the state
265 may not require any licensure, certification, or inspection if
266 there is only one transaction between the producer or the
267 producer’s agent and the end consumer and the food is for home
268 consumption.
269 Section 2. Section 403.9336, Florida Statutes, is amended
270 to read:
271 403.9336 Legislative findings.—The Legislature finds that
272 the implementation of the Model Ordinance for Florida-Friendly
273 Fertilizer Use on Urban Landscapes (2009) (2008), which was
274 developed by the department in conjunction with the Florida
275 Consumer Fertilizer Task Force, the Department of Agriculture
276 and Consumer Services, and the University of Florida Institute
277 of Food and Agricultural Sciences, will assist in protecting the
278 quality of Florida’s surface water and groundwater resources.
279 The Legislature further finds that local conditions, including
280 variations in the types and quality of water bodies, site
281 specific soils and geology, and urban or rural densities and
282 characteristics, may necessitate the implementation of
283 additional or more stringent fertilizer management practices at
284 the local government level.
285 Section 3. Subsection (2) of section 403.9337, Florida
286 Statutes, is amended to read:
287 403.9337 Model Ordinance for Florida-Friendly Fertilizer
288 Use on Urban Landscapes.—
289 (2) Each county and municipal government located within the
290 watershed of a water body or water segment that is listed as
291 impaired by nutrients pursuant to s. 403.067, must shall, at a
292 minimum, adopt the department’s Model Ordinance for Florida
293 Friendly Fertilizer Use on Urban Landscapes. A local government
294 may adopt additional or more stringent standards than the model
295 ordinance if, before adoption, the following criteria are met:
296 (a) The local government has implemented demonstrated, as
297 part of a comprehensive program to address nonpoint sources of
298 nutrient pollution but which is science-based, and economically
299 and technically feasible, that additional or more stringent
300 standards than the model ordinance are necessary in order to
301 adequately address urban fertilizer contributions to nonpoint
302 source nutrient loading to a water body. A comprehensive program
303 may include:
304 1. Nonpoint source activities adopted as part of a basin
305 management plan developed pursuant to s. 403.067(7);
306 2. Adoption of Florida-friendly landscaping requirements,
307 as provided in s. 373.185, into the local government’s
308 development code;
309 3. The requirement for and enforcement of the
310 implementation of low-impact development practices; and
311 4. Documenting in the public record the need for more
312 stringent standards, including scientific documentation of the
313 vulnerability of the waters within the local government’s
314 jurisdiction to nutrient enrichment due to landforms, soils,
315 hydrology, climate, or geology.
316 (b) The local government documents that it has requested
317 and considered all relevant scientific information, including
318 input from the department, the institute, the Department of
319 Agriculture and Consumer Services, and the University of Florida
320 Institute of Food and Agricultural Sciences, if provided, on the
321 need for additional or more stringent provisions to address
322 fertilizer use as a contributor to water quality degradation.
323 All documentation must become part of the public record before
324 adoption of the additional or more stringent criteria.
325 Section 4. Subsection (1) of section 493.6102, Florida
326 Statutes, is amended to read:
327 493.6102 Inapplicability of this chapter.—This chapter
328 shall not apply to:
329 (1) Any individual who is an “officer” as defined in s.
330 943.10(14), or is a law enforcement officer of the United States
331 Government, while the such local, state, or federal officer is
332 engaged in her or his official duties or, if approved by the
333 officer’s supervisors, when performing off-duty activities as a
334 security officer activities approved by her or his superiors.
335 Section 5. Section 493.6105, Florida Statutes, is amended
336 to read:
337 493.6105 Initial application for license.—
338 (1) Each individual, partner, or principal officer in a
339 corporation, shall file with the department a complete
340 application accompanied by an application fee not to exceed $60,
341 except that the applicant for a Class “D” or Class “G” license
342 is shall not be required to submit an application fee. The
343 application fee is shall not be refundable.
344 (a) The application submitted by any individual, partner,
345 or corporate officer must shall be approved by the department
346 before the prior to that individual, partner, or corporate
347 officer assumes assuming his or her duties.
348 (b) Individuals who invest in the ownership of a licensed
349 agency, but do not participate in, direct, or control the
350 operations of the agency are shall not be required to file an
351 application.
352 (2) Each application must shall be signed and verified by
353 the individual under oath as provided in s. 92.525 and shall be
354 notarized.
355 (3) The application must shall contain the following
356 information concerning the individual signing the application
357 same:
358 (a) Name and any aliases.
359 (b) Age and date of birth.
360 (c) Place of birth.
361 (d) Social security number or alien registration number,
362 whichever is applicable.
363 (e) Current Present residence address and his or her
364 residence addresses within the 5 years immediately preceding the
365 submission of the application.
366 (f) Occupations held presently and within the 5 years
367 immediately preceding the submission of the application.
368 (f)(g) A statement of all criminal convictions, findings of
369 guilt, and pleas of guilty or nolo contendere, regardless of
370 adjudication of guilt.
371 (g) One passport-type color photograph taken within the 6
372 months immediately preceding submission of the application.
373 (h) A statement whether he or she has ever been adjudicated
374 incompetent under chapter 744.
375 (i) A statement whether he or she has ever been committed
376 to a mental institution under chapter 394.
377 (j) A full set of fingerprints on a card provided by the
378 department and a fingerprint fee to be established by rule of
379 the department based upon costs determined by state and federal
380 agency charges and department processing costs. An applicant who
381 has, within the immediately preceding 6 months, submitted a
382 fingerprint card and fee for licensing purposes under this
383 chapter shall not be required to submit another fingerprint card
384 or fee.
385 (k) A personal inquiry waiver which allows the department
386 to conduct necessary investigations to satisfy the requirements
387 of this chapter.
388 (l) Such further facts as may be required by the department
389 to show that the individual signing the application is of good
390 moral character and qualified by experience and training to
391 satisfy the requirements of this chapter.
392 (4) In addition to the application requirements outlined in
393 subsection (3), the applicant for a Class “C,” Class “CC,” Class
394 “E,” Class “EE,” or Class “G” license shall submit two color
395 photographs taken within the 6 months immediately preceding the
396 submission of the application, which meet specifications
397 prescribed by rule of the department. All other applicants shall
398 submit one photograph taken within the 6 months immediately
399 preceding the submission of the application.
400 (4)(5) In addition to the application requirements outlined
401 under subsection (3), the applicant for a Class “C,” Class “E,”
402 Class “M,” Class “MA,” Class “MB,” or Class “MR” license shall
403 include a statement on a form provided by the department of the
404 experience which he or she believes will qualify him or her for
405 such license.
406 (5)(6) In addition to the requirements outlined in
407 subsection (3), an applicant for a Class “G” license shall
408 satisfy minimum training criteria for firearms established by
409 rule of the department, which training criteria shall include,
410 but is not limited to, 28 hours of range and classroom training
411 taught and administered by a Class “K” licensee; however, no
412 more than 8 hours of such training shall consist of range
413 training. If the applicant can show proof that he or she is an
414 active law enforcement officer currently certified under the
415 Criminal Justice Standards and Training Commission or has
416 completed the training required for that certification within
417 the last 12 months, or if the applicant submits one of the
418 certificates specified in paragraph (6)(a) (7)(a), the
419 department may waive the foregoing firearms training
420 requirement.
421 (6)(7) In addition to the requirements under subsection
422 (3), an applicant for a Class “K” license shall:
423 (a) Submit one of the following certificates:
424 1. The Florida Criminal Justice Standards and Training
425 Commission Firearms Instructor’s Certificate and confirmation by
426 the commission that the applicant is authorized to provide
427 firearms instruction.
428 2. The National Rifle Association Law Enforcement Police
429 Firearms Instructor’s Certificate.
430 3. The National Rifle Association Security Firearms
431 Instructor’s Certificate.
432 3.4. A firearms instructor’s training certificate issued by
433 any branch of the United States Armed Forces, from a federal law
434 enforcement academy or agency, state, county, or a law
435 enforcement municipal police academy or agency in this state
436 recognized as such by the Criminal Justice Standards and
437 Training Commission or by the Department of Education.
438 (b) Pay the fee for and pass an examination administered by
439 the department which shall be based upon, but is not necessarily
440 limited to, a firearms instruction manual provided by the
441 department.
442 (7)(8) In addition to the application requirements for
443 individuals, partners, or officers outlined under subsection
444 (3), the application for an agency license shall contain the
445 following information:
446 (a) The proposed name under which the agency intends to
447 operate.
448 (b) The street address, mailing address, and telephone
449 numbers of the principal location at which business is to be
450 conducted in this state.
451 (c) The street address, mailing address, and telephone
452 numbers of all branch offices within this state.
453 (d) The names and titles of all partners or, in the case of
454 a corporation, the names and titles of its principal officers.
455 (8)(9) Upon submission of a complete application, a Class
456 “CC,” Class “C,” Class “D,” Class “EE,” Class “E,” Class “M,”
457 Class “MA,” Class “MB,” or Class “MR” applicant may commence
458 employment or appropriate duties for a licensed agency or branch
459 office. However, the Class “C” or Class “E” applicant must work
460 under the direction and control of a sponsoring licensee while
461 his or her application is being processed. If the department
462 denies application for licensure, the employment of the
463 applicant must be terminated immediately, unless he or she
464 performs only unregulated duties.
465 Section 6. Paragraph (f) of subsection (1) and paragraph
466 (a) of subsection (2) of section 493.6106, Florida Statutes, are
467 amended, and paragraph (g) is added to subsection (1) of that
468 section, to read:
469 493.6106 License requirements; posting.—
470 (1) Each individual licensed by the department must:
471 (f) Be a citizen or permanent legal resident alien of the
472 United States or have appropriate been granted authorization
473 issued to seek employment in this country by the United States
474 Bureau of Citizenship and Immigration Services of the United
475 States Department of Homeland Security.
476 1. An applicant for a Class “C,” Class “CC,” Class “D,”
477 Class “DI,” Class “E,” Class “EE,” Class “M,” Class “MA,” Class
478 “MB,” Class “MR,” or Class “RI” license who is not a United
479 States citizen must submit proof of current employment
480 authorization issued by the United States Bureau of Citizenship
481 and Immigration Services or proof that she or he is deemed a
482 permanent legal resident alien by the United States Bureau of
483 Citizenship and Immigration Services.
484 2. An applicant for a Class “G” or Class “K” license who is
485 not a United States citizen must submit proof that she or he is
486 deemed a permanent legal resident alien by the United States
487 Bureau of Citizenship and Immigration Services, together with
488 additional documentation establishing that she or he has resided
489 in the state of residence shown on the application for at least
490 90 consecutive days before the date that the application is
491 submitted.
492 3. An applicant for an agency or school license who is not
493 a United States citizen or permanent legal resident alien must
494 submit documentation issued by the United States Bureau of
495 Citizenship and Immigration Services stating that she or he is
496 lawfully in the United States and is authorized to own and
497 operate the type of agency or school for which she or he is
498 applying. An employment authorization card issued by the United
499 States Bureau of Citizenship and Immigration Services is not
500 sufficient documentation.
501 (g) Not be prohibited from purchasing or possessing a
502 firearm by state or federal law if the individual is applying
503 for a Class “G” license or a Class “K” license.
504 (2) Each agency shall have a minimum of one physical
505 location within this state from which the normal business of the
506 agency is conducted, and this location shall be considered the
507 primary office for that agency in this state.
508 (a) If an agency or branch office desires to change the
509 physical location of the business, as it appears on the agency
510 license, the department must be notified within 10 days of the
511 change, and, except upon renewal, the fee prescribed in s.
512 493.6107 must be submitted for each license requiring revision.
513 Each license requiring revision must be returned with such
514 notification.
515 Section 7. Subsection (3) of section 493.6107, Florida
516 Statutes, is amended to read:
517 493.6107 Fees.—
518 (3) The fees set forth in this section must be paid by
519 certified check or money order or, at the discretion of the
520 department, by agency check at the time the application is
521 approved, except that the applicant for a Class “G” or Class “M”
522 license must pay the license fee at the time the application is
523 made. If a license is revoked or denied or if the application is
524 withdrawn, the license fee shall not be refunded.
525 Section 8. Paragraph (a) of subsection (1) and subsection
526 (3) of section 493.6108, Florida Statutes, are amended to read:
527 493.6108 Investigation of applicants by Department of
528 Agriculture and Consumer Services.—
529 (1) Except as otherwise provided, prior to the issuance of
530 a license under this chapter, the department shall make an
531 investigation of the applicant for a license. The investigation
532 shall include:
533 (a)1. An examination of fingerprint records and police
534 records. When a criminal history analysis of any applicant under
535 this chapter is performed by means of fingerprint card
536 identification, the time limitations prescribed by s. 120.60(1)
537 shall be tolled during the time the applicant’s fingerprint card
538 is under review by the Department of Law Enforcement or the
539 United States Department of Justice, Federal Bureau of
540 Investigation.
541 2. If a legible set of fingerprints, as determined by the
542 Department of Law Enforcement or the Federal Bureau of
543 Investigation, cannot be obtained after two attempts, the
544 Department of Agriculture and Consumer Services may determine
545 the applicant’s eligibility based upon a criminal history record
546 check under the applicant’s name conducted by the Department of
547 Law Enforcement if the and the Federal Bureau of Investigation.
548 A set of fingerprints are taken by a law enforcement agency or
549 the department and the applicant submits a written statement
550 signed by the fingerprint technician or a licensed physician
551 stating that there is a physical condition that precludes
552 obtaining a legible set of fingerprints or that the fingerprints
553 taken are the best that can be obtained is sufficient to meet
554 this requirement.
555 (3) The department shall also investigate the mental
556 history and current mental and emotional fitness of any Class
557 “G” or Class “K” applicant, and may deny a Class “G” or Class
558 “K” license to anyone who has a history of mental illness or
559 drug or alcohol abuse.
560 Section 9. Subsection (4) of section 493.6111, Florida
561 Statutes, is amended to read:
562 493.6111 License; contents; identification card.—
563 (4) Notwithstanding the existence of a valid Florida
564 corporate registration, an no agency or school licensee may not
565 conduct activities regulated under this chapter under any
566 fictitious name without prior written authorization from the
567 department to use that name in the conduct of activities
568 regulated under this chapter. The department may not authorize
569 the use of a name which is so similar to that of a public
570 officer or agency, or of that used by another licensee, that the
571 public may be confused or misled thereby. The authorization for
572 the use of a fictitious name shall require, as a condition
573 precedent to the use of such name, the filing of a certificate
574 of engaging in business under a fictitious name under s. 865.09.
575 A No licensee may not shall be permitted to conduct business
576 under more than one fictitious name except as separately
577 licensed nor shall the license be valid to protect any licensee
578 who is engaged in the business under any name other than that
579 specified in the license. An agency desiring to change its
580 licensed name shall notify the department and, except upon
581 renewal, pay a fee not to exceed $30 for each license requiring
582 revision including those of all licensed employees except Class
583 “D” or Class “G” licensees. Upon the return of such licenses to
584 the department, revised licenses shall be provided.
585 Section 10. Subsection (2) and paragraph (a) of subsection
586 (3) of section 493.6113, Florida Statutes, are amended to read:
587 493.6113 Renewal application for licensure.—
588 (2) At least No less than 90 days before prior to the
589 expiration date of the license, the department shall mail a
590 written notice to the last known mailing residence address of
591 the licensee for individual licensees and to the last known
592 agency address for agencies.
593 (3) Each licensee shall be responsible for renewing his or
594 her license on or before its expiration by filing with the
595 department an application for renewal accompanied by payment of
596 the prescribed license fee.
597 (a) Each Class “B” Class “A,” Class “B,” or Class “R”
598 licensee shall additionally submit on a form prescribed by the
599 department a certification of insurance which evidences that the
600 licensee maintains coverage as required under s. 493.6110.
601 Section 11. Subsection (8), paragraph (d) of subsection
602 (12), and subsection (16) of section 493.6115, Florida Statutes,
603 are amended to read:
604 493.6115 Weapons and firearms.—
605 (8) A Class “G” applicant must satisfy the minimum training
606 criteria as set forth in s. 493.6105(5)(6) and as established by
607 rule of the department.
608 (12) The department may issue a temporary Class “G”
609 license, on a case-by-case basis, if:
610 (d) The applicant has received approval from the department
611 subsequent to its conduct of a criminal history record check as
612 authorized in s. 493.6108(1)(a)1. 493.6121(6).
613 (16) If the criminal history record check program
614 referenced in s. 493.6108(1)(a)1. 493.6121(6) is inoperable, the
615 department may issue a temporary “G” license on a case-by-case
616 basis, provided that the applicant has met all statutory
617 requirements for the issuance of a temporary “G” license as
618 specified in subsection (12), excepting the criminal history
619 record check stipulated there; provided, that the department
620 requires that the licensed employer of the applicant conduct a
621 criminal history record check of the applicant pursuant to
622 standards set forth in rule by the department, and provide to
623 the department an affidavit containing such information and
624 statements as required by the department, including a statement
625 that the criminal history record check did not indicate the
626 existence of any criminal history that would prohibit licensure.
627 Failure to properly conduct such a check, or knowingly providing
628 incorrect or misleading information or statements in the
629 affidavit shall constitute grounds for disciplinary action
630 against the licensed agency, including revocation of license.
631 Section 12. Paragraph (u) of subsection (1) of section
632 493.6118, Florida Statutes, is redesignated as paragraph (v),
633 and a new paragraph (u) is added to that subsection to read:
634 493.6118 Grounds for disciplinary action.—
635 (1) The following constitute grounds for which disciplinary
636 action specified in subsection (2) may be taken by the
637 department against any licensee, agency, or applicant regulated
638 by this chapter, or any unlicensed person engaged in activities
639 regulated under this chapter.
640 (u) For a Class “G” or a Class “K” applicant or licensee,
641 being prohibited from purchasing or possessing a firearm by
642 state or federal law.
643 Section 13. Subsections (7) and (8) of section 493.6121,
644 Florida Statutes, are renumbered as subsections (6) and (7),
645 respectively, and present subsection (6) of that section is
646 amended, to read:
647 493.6121 Enforcement; investigation.—
648 (6) The department shall be provided access to the program
649 that is operated by the Department of Law Enforcement, pursuant
650 to s. 790.065, for providing criminal history record information
651 to licensed gun dealers, manufacturers, and exporters. The
652 department may make inquiries, and shall receive responses in
653 the same fashion as provided under s. 790.065. The department
654 shall be responsible for payment to the Department of Law
655 Enforcement of the same fees as charged to others afforded
656 access to the program.
657 Section 14. Subsection (3) of section 493.6202, Florida
658 Statutes, is amended to read:
659 493.6202 Fees.—
660 (3) The fees set forth in this section must be paid by
661 certified check or money order or, at the discretion of the
662 department, by agency check at the time the application is
663 approved, except that the applicant for a Class “G,” Class “C,”
664 Class “CC,” Class “M,” or Class “MA” license must pay the
665 license fee at the time the application is made. If a license is
666 revoked or denied or if the application is withdrawn, the
667 license fee shall not be refunded.
668 Section 15. Subsections (2), (4), and (6) of section
669 493.6203, Florida Statutes, are amended to read:
670 493.6203 License requirements.—In addition to the license
671 requirements set forth elsewhere in this chapter, each
672 individual or agency shall comply with the following additional
673 requirements:
674 (2) An applicant for a Class “MA” license shall have 2
675 years of lawfully gained, verifiable, full-time experience, or
676 training in:
677 (a) Private investigative work or related fields of work
678 that provided equivalent experience or training;
679 (b) Work as a Class “CC” licensed intern;
680 (c) Any combination of paragraphs (a) and (b);
681 (d) Experience described in paragraph (a) for 1 year and
682 experience described in paragraph (e) for 1 year;
683 (e) No more than 1 year using:
684 1. College coursework related to criminal justice,
685 criminology, or law enforcement administration; or
686 2. Successfully completed law enforcement-related training
687 received from any federal, state, county, or municipal agency;
688 or
689 (f) Experience described in paragraph (a) for 1 year and
690 work in a managerial or supervisory capacity for 1 year.
691
692 However, experience in performing bodyguard services is not
693 creditable toward the requirements of this subsection.
694 (4) An applicant for a Class “C” license shall have 2 years
695 of lawfully gained, verifiable, full-time experience, or
696 training in one, or a combination of more than one, of the
697 following:
698 (a) Private investigative work or related fields of work
699 that provided equivalent experience or training.
700 (b) College coursework related to criminal justice,
701 criminology, or law enforcement administration, or successful
702 completion of any law enforcement-related training received from
703 any federal, state, county, or municipal agency, except that no
704 more than 1 year may be used from this category.
705 (c) Work as a Class “CC” licensed intern.
706
707 However, experience in performing bodyguard services is not
708 creditable toward the requirements of this subsection.
709 (6)(a) A Class “CC” licensee shall serve an internship
710 under the direction and control of a designated sponsor, who is
711 a Class “C,” Class “MA,” or Class “M” licensee.
712 (b) Effective July 1, 2010 September 1, 2008, before
713 submission of an application to the department, the an applicant
714 for a Class “CC” license must have completed a minimum of 40 at
715 least 24 hours of professional training a 40-hour course
716 pertaining to general investigative techniques and this chapter,
717 which course is offered by a state university or by a school,
718 community college, college, or university under the purview of
719 the Department of Education, and the applicant must pass an
720 examination. The training must be provided in two parts, one 24
721 hour course and one 16-hour course. The certificate evidencing
722 satisfactory completion of the 40 at least 24 hours of
723 professional training a 40-hour course must be submitted with
724 the application for a Class “CC” license. The remaining 16 hours
725 must be completed and an examination passed within 180 days. If
726 documentation of completion of the required training is not
727 submitted within the specified timeframe, the individual’s
728 license is automatically suspended or his or her authority to
729 work as a Class “CC” pursuant to s. 493.6105(9) is rescinded
730 until such time as proof of certificate of completion is
731 provided to the department. The training course specified in
732 this paragraph may be provided by face-to-face presentation,
733 online technology, or a home study course in accordance with
734 rules and procedures of the Department of Education. The
735 administrator of the examination must verify the identity of
736 each applicant taking the examination.
737 1. Upon an applicant’s successful completion of each part
738 of the approved training course and passage of any required
739 examination, the school, community college, college, or
740 university shall issue a certificate of completion to the
741 applicant. The certificates must be on a form established by
742 rule of the department.
743 2. The department shall establish by rule the general
744 content of the professional training course and the examination
745 criteria.
746 3. If the license of an applicant for relicensure is has
747 been invalid for more than 1 year, the applicant must complete
748 the required training and pass any required examination.
749 (c) An individual who submits an application for a Class
750 “CC” license on or after September 1, 2008, through June 30,
751 2010, who has not completed the 16-hour course must submit proof
752 of successful completion of the course within 180 days after the
753 date the application is submitted. If documentation of
754 completion of the required training is not submitted by that
755 date, the individual’s license is automatically suspended until
756 proof of the required training is submitted to the department.
757 An individual licensed on or before August 31, 2008, is not
758 required to complete additional training hours in order to renew
759 an active license beyond the required total amount of training,
760 and within the timeframe, in effect at the time he or she was
761 licensed.
762 Section 16. Subsection (3) of section 493.6302, Florida
763 Statutes, is amended to read:
764 493.6302 Fees.—
765 (3) The fees set forth in this section must be paid by
766 certified check or money order or, at the discretion of the
767 department, by agency check at the time the application is
768 approved, except that the applicant for a Class “D,” Class “G,”
769 Class “M,” or Class “MB” license must pay the license fee at the
770 time the application is made. If a license is revoked or denied
771 or if the application is withdrawn, the license fee shall not be
772 refunded.
773 Section 17. Subsection (4) of section 493.6303, Florida
774 Statutes, is amended to read:
775 493.6303 License requirements.—In addition to the license
776 requirements set forth elsewhere in this chapter, each
777 individual or agency shall comply with the following additional
778 requirements:
779 (4)(a) Effective July 1, 2010, an applicant for a Class “D”
780 license must submit proof of successful completion of complete a
781 minimum of 40 hours of professional training at a school or
782 training facility licensed by the department. The training must
783 be provided in two parts, one 24-hour course and one 16-hour
784 course. The department shall by rule establish the general
785 content and number of hours of each subject area to be taught.
786 (b) An individual who submits an application for a Class
787 “D” license on or after January 1, 2007, through June 30, 2010,
788 who has not completed the 16-hour course must submit proof of
789 successful completion of the course within 180 days after the
790 date the application is submitted. If documentation of
791 completion of the required training is not submitted by that
792 date, the individual’s license is automatically suspended until
793 proof of the required training is submitted to the department.
794 This section does not require a person licensed before January
795 1, 2007, to complete additional training hours in order to renew
796 an active license beyond the required total amount of training
797 within the timeframe prescribed by law at the time he or she was
798 licensed. An applicant may fulfill the training requirement
799 prescribed in paragraph (a) by submitting proof of:
800 1. Successful completion of the total number of required
801 hours of training before initial application for a Class “D”
802 license; or
803 2. Successful completion of 24 hours of training before
804 initial application for a Class “D” license and successful
805 completion of the remaining 16 hours of training within 180 days
806 after the date that the application is submitted. If
807 documentation of completion of the required training is not
808 submitted within the specified timeframe, the individual’s
809 license is automatically suspended until such time as proof of
810 the required training is provided to the department.
811 (c) An individual However, any person whose license is
812 suspended or has been revoked, suspended pursuant to paragraph
813 (b) subparagraph 2., or is expired for at least 1 year, or
814 longer is considered, upon reapplication for a license, an
815 initial applicant and must submit proof of successful completion
816 of 40 hours of professional training at a school or training
817 facility licensed by the department as provided prescribed in
818 paragraph (a) before a license is will be issued. Any person
819 whose license was issued before January 1, 2007, and whose
820 license has been expired for less than 1 year must, upon
821 reapplication for a license, submit documentation of completion
822 of the total number of hours of training prescribed by law at
823 the time her or his initial license was issued before another
824 license will be issued. This subsection does not require an
825 individual licensed before January 1, 2007, to complete
826 additional training hours in order to renew an active license,
827 beyond the required total amount of training within the
828 timeframe prescribed by law at the time she or he was licensed.
829 Section 18. Subsection (2) of section 493.6304, Florida
830 Statutes, is amended to read:
831 493.6304 Security officer school or training facility.—
832 (2) The application shall be signed and verified by the
833 applicant under oath as provided in s. 92.525 notarized and
834 shall contain, at a minimum, the following information:
835 (a) The name and address of the school or training facility
836 and, if the applicant is an individual, her or his name,
837 address, and social security or alien registration number.
838 (b) The street address of the place at which the training
839 is to be conducted.
840 (c) A copy of the training curriculum and final examination
841 to be administered.
842 Section 19. Subsections (7) and (8) of section 493.6401,
843 Florida Statutes, are amended to read:
844 493.6401 Classes of licenses.—
845 (7) Any person who operates a recovery agent repossessor
846 school or training facility or who conducts an Internet-based
847 training course or a correspondence training course must have a
848 Class “RS” license.
849 (8) Any individual who teaches or instructs at a Class “RS”
850 recovery agent repossessor school or training facility shall
851 have a Class “RI” license.
852 Section 20. Paragraphs (f) and (g) of subsection (1) and
853 subsection (3) of section 493.6402, Florida Statutes, are
854 amended to read:
855 493.6402 Fees.—
856 (1) The department shall establish by rule biennial license
857 fees which shall not exceed the following:
858 (f) Class “RS” license—recovery agent repossessor school or
859 training facility: $60.
860 (g) Class “RI” license—recovery agent repossessor school or
861 training facility instructor: $60.
862 (3) The fees set forth in this section must be paid by
863 certified check or money order, or, at the discretion of the
864 department, by agency check at the time the application is
865 approved, except that the applicant for a Class “E,” Class “EE,”
866 or Class “MR” license must pay the license fee at the time the
867 application is made. If a license is revoked or denied, or if an
868 application is withdrawn, the license fee shall not be refunded.
869 Section 21. Subsections (1) and (2) of section 493.6406,
870 Florida Statutes, are amended to read:
871 493.6406 Recovery agent Repossession services school or
872 training facility.—
873 (1) Any school, training facility, or instructor who offers
874 the training outlined in s. 493.6403(2) for Class “E” or Class
875 “EE” applicants shall, before licensure of such school, training
876 facility, or instructor, file with the department an application
877 accompanied by an application fee in an amount to be determined
878 by rule, not to exceed $60. The fee shall not be refundable.
879 This training may be offered as face-to-face training, Internet
880 based training, or correspondence training.
881 (2) The application shall be signed and verified by the
882 applicant under oath as provided in s. 92.525 notarized and
883 shall contain, at a minimum, the following information:
884 (a) The name and address of the school or training facility
885 and, if the applicant is an individual, his or her name,
886 address, and social security or alien registration number.
887 (b) The street address of the place at which the training
888 is to be conducted or the street address of the Class “RS”
889 school offering Internet-based or correspondence training.
890 (c) A copy of the training curriculum and final examination
891 to be administered.
892 Section 22. Paragraph (n) of subsection (1) of section
893 500.03, Florida Statutes, is amended to read:
894 500.03 Definitions; construction; applicability.—
895 (1) For the purpose of this chapter, the term:
896 (n) “Food establishment” means any factory, food outlet, or
897 any other facility manufacturing, processing, packing, holding,
898 or preparing food, or selling food at wholesale or retail. The
899 term does not include any business or activity that is regulated
900 under chapter 509 or chapter 601. The term includes tomato
901 packinghouses and repackers but does not include any other
902 establishments that pack fruits and vegetables in their raw or
903 natural states, including those fruits or vegetables that are
904 washed, colored, or otherwise treated in their unpeeled, natural
905 form before they are marketed.
906 Section 23. Paragraph (a) of subsection (1) of section
907 500.12, Florida Statutes, is amended to read:
908 500.12 Food permits; building permits.—
909 (1)(a) A food permit from the department is required of any
910 person who operates a food establishment or retail food store,
911 except:
912 1. Persons operating minor food outlets, including, but not
913 limited to, video stores, which that sell commercially
914 prepackaged, nonpotentially hazardous candy, chewing gum, soda,
915 or popcorn, provided the shelf space for those items does not
916 exceed 12 linear feet and no other food is sold by the minor
917 food outlet.
918 2. Persons subject to continuous, onsite federal or state
919 inspection.
920 3. Persons selling only legumes in the shell, either
921 parched, roasted, or boiled.
922 4. Persons selling food directly to the end consumer at
923 farmers’ markets, roadside stands, or from a ranch or farm which
924 has been grown, washed, prepared, or packaged sugar cane or
925 sorghum syrup that has been boiled and bottled on a premise
926 located within the state. The packaging Such bottles must
927 contain a label listing the producer’s name and street address,
928 all added ingredients, the net weight or volume of product, and
929 a statement that reads “This product has not been produced in a
930 facility permitted by the Florida Department of Agriculture and
931 Consumer Services.” To ensure food safety protection standards,
932 each person who sells food directly to the end consumer and who
933 is responsible for the storage, preparation, display, or serving
934 of foods to the end consumer shall be trained and certified
935 consistent with the conference standards for Accreditation of
936 Food Protection Manager Certification Programs adopted by the
937 Conference for Food Protection.
938 Section 24. Section 500.70, Florida Statutes, is created to
939 read:
940 500.70 Tomato food safety standards; inspections;
941 penalties; tomato good agricultural practices; tomato best
942 management practices.—
943 (1) As used in this section, the term:
944 (a) “Field packing” means the packing of tomatoes on a
945 tomato farm or in a tomato greenhouse into containers for sale
946 for human consumption without transporting the tomatoes to a
947 packinghouse.
948 (b) “Packing” or “repacking” means the packing of tomatoes
949 into containers for sale for human consumption. The term
950 includes the sorting or separating of tomatoes into grades and
951 sizes. The term also includes field packing.
952 (c) “Producing” means the planting, growing, or cultivating
953 of tomatoes on a tomato farm or in a tomato greenhouse for sale
954 for human consumption.
955 (2) The department may adopt rules establishing food safety
956 standards to safeguard the public health and promote the public
957 welfare by protecting the consuming public from injury caused by
958 the adulteration or the microbiological, chemical, or
959 radiological contamination of tomatoes. The rules must be based
960 on federal requirements, available scientific research,
961 generally accepted industry practices, or recommendations of
962 food safety professionals. The rules shall apply to the
963 producing, harvesting, packing, and repacking of tomatoes for
964 sale for human consumption by a tomato farm, tomato greenhouse,
965 or tomato packinghouse or repacker in this state. The rules may
966 include, but are not limited to, standards for:
967 (a) Registration with the department of a person who
968 produces, harvests, packs, or repacks tomatoes in this state who
969 does not hold a food permit issued under s. 500.12.
970 (b) Proximity of domestic animals and livestock to the
971 production areas for tomatoes.
972 (c) Food safety related use of water for irrigation during
973 production and washing of tomatoes after harvest.
974 (d) Use of fertilizers.
975 (e) Cleaning and sanitation of containers, materials,
976 equipment, vehicles, and facilities, including storage and
977 ripening areas.
978 (f) Health, hygiene, and sanitation of employees who handle
979 tomatoes.
980 (g) Training and continuing education of a person who
981 produces, harvests, packs, or repacks tomatoes in this state,
982 and the person’s employees who handle tomatoes.
983 (h) Labeling and recordkeeping, including standards for
984 identifying and tracing tomatoes for sale for human consumption.
985 (3)(a) The department may inspect tomato farms, tomato
986 greenhouses, tomato packinghouses, repacking locations, or any
987 vehicle being used to transport or hold tomatoes to ensure
988 compliance with the applicable provisions of this chapter and
989 the rules adopted under this chapter.
990 (b) The department may impose an administrative fine not to
991 exceed $5,000 per violation, or issue a written notice or
992 warning under s. 500.179, against a person who violates any
993 applicable provision of this section or any rule adopted under
994 this section.
995 (4)(a) The department may adopt rules establishing tomato
996 good agricultural practices and tomato best management practices
997 for the state’s tomato industry based on applicable federal
998 requirements, available scientific research, generally accepted
999 industry practices, or recommendations of food safety
1000 professionals.
1001 (b) A person who documents compliance with the department’s
1002 rules, tomato good agricultural practices, and tomato best
1003 management practices is presumed to introduce tomatoes into the
1004 stream of commerce which are safe for human consumption, unless
1005 the department identifies noncompliance through inspections.
1006 (5) Subsections (2) and (4) do not apply to tomatoes sold
1007 by the grower on the premises at which the tomatoes are grown or
1008 at a local farmers’ market, if the quantity of tomatoes sold
1009 does not exceed two 25-pound boxes per customer.
1010 (6) The department may adopt rules pursuant to ss.
1011 120.536(1) and 120.54 to administer this section.
1012 Section 25. Paragraph (a) of subsection (2) of section
1013 501.605, Florida Statutes, is amended to read:
1014 501.605 Licensure of commercial telephone sellers.—
1015 (2) An applicant for a license as a commercial telephone
1016 seller must submit to the department, in such form as it
1017 prescribes, a written application for the license. The
1018 application must set forth the following information:
1019 (a) The true name, date of birth, driver’s license number,
1020 social security number, and home address of the applicant,
1021 including each name under which he or she intends to do
1022 business.
1023
1024 The application shall be accompanied by a copy of any: Script,
1025 outline, or presentation the applicant will require or suggest a
1026 salesperson to use when soliciting, or, if no such document is
1027 used, a statement to that effect; sales information or
1028 literature to be provided by the applicant to a salesperson; and
1029 sales information or literature to be provided by the applicant
1030 to a purchaser in connection with any solicitation.
1031 Section 26. Paragraph (a) of subsection (1) of section
1032 501.607, Florida Statutes, is amended to read:
1033 501.607 Licensure of salespersons.—
1034 (1) An applicant for a license as a salesperson must submit
1035 to the department, in such form as it prescribes, a written
1036 application for a license. The application must set forth the
1037 following information:
1038 (a) The true name, date of birth, driver’s license number,
1039 social security number, and home address of the applicant.
1040 Section 27. Subsection (2) of section 501.913, Florida
1041 Statutes, is amended to read:
1042 501.913 Registration.—
1043 (2) The completed application shall be accompanied by:
1044 (a) Specimens or facsimiles of the label for each brand of
1045 antifreeze;
1046 (b) An application fee of $200 for each brand; and
1047 (c) A properly labeled sample of at least 1 gallon, but not
1048 more than 2 gallons, of each brand of antifreeze.
1049 Section 28. Subsection (2) of section 525.01, Florida
1050 Statutes, is amended to read:
1051 525.01 Gasoline and oil to be inspected.—
1052 (2) All petroleum fuels are shall be subject to inspection
1053 and analysis by the department. Before selling or offering for
1054 sale in this state any petroleum fuel, all manufacturers,
1055 terminal suppliers, wholesalers, and importers as defined in s.
1056 206.01 jobbers shall file with the department:
1057 (a) An affidavit stating that they desire to do business in
1058 this state, and the name and address of the manufacturer of the
1059 petroleum fuel.
1060 (b) An affidavit stating that the petroleum fuel is in
1061 conformity with the standards prescribed by department rule.
1062 Section 29. Subsections (1) and (3) of section 525.09,
1063 Florida Statutes, are amended to read:
1064 525.09 Inspection fee.—
1065 (1) For the purpose of defraying the expenses incident to
1066 inspecting, testing, and analyzing petroleum fuels in this
1067 state, there shall be paid to the department a charge of one
1068 eighth cent per gallon on all gasoline, alternative fuel
1069 containing alcohol as defined in s. 525.01(1)(c)1. or 2.,
1070 kerosene (except when used as aviation turbine fuel), and #1
1071 fuel oil for sale or use in this state. This inspection fee
1072 shall be imposed in the same manner as the motor fuel tax
1073 pursuant to s. 206.41. Payment shall be made on or before the
1074 25th day of each month.
1075 (3) All remittances to the department for the inspection
1076 tax herein provided shall be accompanied by a detailed report
1077 under oath showing the number of gallons of gasoline,
1078 alternative fuel containing alcohol as defined in s.
1079 525.01(1)(c)1. and 2., kerosene, or fuel oil sold and delivered
1080 in each county.
1081 Section 30. Section 526.50, Florida Statutes, is amended to
1082 read:
1083 526.50 Definition of terms.—As used in this part:
1084 (1) “Brake fluid” means the fluid intended for use as the
1085 liquid medium through which force is transmitted in the
1086 hydraulic brake system of a vehicle operated upon the highways.
1087 (2) “Brand” means the product name appearing on the label
1088 of a container of brake fluid.
1089 (3) “Container” means any receptacle in which brake fluid
1090 is immediately contained when sold, but does not mean a carton
1091 or wrapping in which a number of such receptacles are shipped or
1092 stored or a tank car or truck.
1093 (4)(2) “Department” means the Department of Agriculture and
1094 Consumer Services.
1095 (5) “Formula” means the name of the chemical mixture or
1096 composition of the brake fluid product.
1097 (3) “Sell” includes give, distribute, barter, exchange,
1098 trade, keep for sale, offer for sale or expose for sale, in any
1099 of their variant forms.
1100 (6)(4) “Labeling” includes all written, printed or graphic
1101 representations, in any form whatsoever, imprinted upon or
1102 affixed to any container of brake fluid.
1103 (5) “Container” means any receptacle in which brake fluid
1104 is immediately contained when sold, but does not mean a carton
1105 or wrapping in which a number of such receptacles are shipped or
1106 stored or a tank car or truck.
1107 (7)(6) “Permit year” means a period of 12 months commencing
1108 July 1 and ending on the next succeeding June 30.
1109 (8)(7) “Registrant” means any manufacturer, packer,
1110 distributor, seller, or other person who has registered a brake
1111 fluid with the department.
1112 (9) “Sell” includes give, distribute, barter, exchange,
1113 trade, keep for sale, offer for sale or expose for sale, in any
1114 of their variant forms.
1115 Section 31. Section 526.51, Florida Statutes, is amended to
1116 read:
1117 526.51 Registration; renewal and fees; departmental
1118 expenses; cancellation or refusal to issue or renew.—
1119 (1)(a) Application for registration of each brand of brake
1120 fluid shall be made on forms to be supplied by the department.
1121 The applicant shall give his or her name and address and the
1122 brand name of the brake fluid, state that he or she owns the
1123 brand name and has complete control over the product sold
1124 thereunder in Florida, and provide the name and address of the
1125 resident agent in Florida. If the applicant does not own the
1126 brand name but wishes to register the product with the
1127 department, a notarized affidavit that gives the applicant full
1128 authorization to register the brand name and that is signed by
1129 the owner of the brand name must accompany the application for
1130 registration. The affidavit must include all affected brand
1131 names, the owner’s company or corporate name and address, the
1132 applicant’s company or corporate name and address, and a
1133 statement from the owner authorizing the applicant to register
1134 the product with the department. The owner of the brand name
1135 shall maintain complete control over each product sold under
1136 that brand name in this state. All first-time brand-formula
1137 combination new product applications must be accompanied by a
1138 certified report from an independent testing laboratory, setting
1139 forth the analysis of the brake fluid which shall show its
1140 quality to be not less than the specifications established by
1141 the department for brake fluids. A sample of not less than 24
1142 fluid ounces of brake fluid shall be submitted, in a container
1143 or containers, with labels representing exactly how the
1144 containers of brake fluid will be labeled when sold, and the
1145 sample and container shall be analyzed and inspected by the
1146 Division of Standards in order that compliance with the
1147 department’s specifications and labeling requirements may be
1148 verified. Upon approval of the application, the department shall
1149 register the brand name of the brake fluid and issue to the
1150 applicant a permit authorizing the registrant to sell the brake
1151 fluid in this state during the permit year specified in the
1152 permit.
1153 (b) Each applicant shall pay a fee of $100 with each
1154 application. An applicant seeking reregistration of a previously
1155 registered brand-formula combination must submit a completed
1156 application and all materials required under this subsection to
1157 the department before the first day of the permit year. A brand
1158 formula combination for which a completed application and all
1159 materials required under this subsection are not received before
1160 the first day of the permit year ceases to be registered with
1161 the department until a completed application and all materials
1162 required under this subsection are received and approved. Any
1163 fee, application, or materials received after the first day of
1164 the permit year, if the brand-formula combination was previously
1165 registered with the department, A permit may be renewed by
1166 application to the department, accompanied by a renewal fee of
1167 $50 on or before the last day of the permit year immediately
1168 preceding the permit year for which application is made for
1169 renewal of registration. To any fee not paid when due, there
1170 shall accrue a penalty of $25, which shall be added to the
1171 renewal fee. Renewals will be accepted only on brake fluids that
1172 have no change in formula, composition, or brand name. Any
1173 change in formula, composition, or brand name of any brake fluid
1174 constitutes a new product that must be registered in accordance
1175 with this part.
1176 (2) All fees collected under the provisions of this section
1177 shall be credited to the General Inspection Trust Fund of the
1178 department and all expenses incurred in the enforcement of this
1179 part shall be paid from said fund.
1180 (3) The department may cancel or, refuse to issue or refuse
1181 to renew any registration and permit after due notice and
1182 opportunity to be heard if it finds that the brake fluid is
1183 adulterated or misbranded or that the registrant has failed to
1184 comply with the provisions of this part or the rules and
1185 regulations promulgated thereunder.
1186 Section 32. Paragraph (a) of subsection (3) of section
1187 526.52, Florida Statutes, is amended to read:
1188 526.52 Specifications; adulteration and misbranding.—
1189 (3) Brake fluid is deemed to be misbranded:
1190 (a) If its container does not bear on its side or top a
1191 label on which is printed the name and place of business of the
1192 registrant of the product, the words “brake fluid,” and a
1193 statement that the product therein equals or exceeds the minimum
1194 specification of the Society of Automotive Engineers for heavy
1195 duty-type brake fluid or equals or exceeds Federal Motor Vehicle
1196 Safety Standard No. 116 adopted by the United States Department
1197 of Transportation, heavy-duty-type. By regulation the department
1198 may require that the duty-type classification appear on the
1199 label.
1200 Section 33. Subsection (2) of section 526.53, Florida
1201 Statutes, is amended to read:
1202 526.53 Enforcement; inspection and analysis, stop-sale and
1203 disposition, regulations.—
1204 (2)(a) When any brake fluid is sold in violation of any of
1205 the provisions of this part, all such affected brake fluid of
1206 the same brand name on the same premises on which the violation
1207 occurred shall be placed under a stop-sale order by the
1208 department by serving the owner of the brand name, distributor,
1209 or other entity responsible for selling or distributing the
1210 product in the state with the stop-sale order. The department
1211 shall withdraw its stop-sale order upon the removal of the
1212 violation or upon voluntary destruction of the product, or other
1213 disposal approved by the department, under the supervision of
1214 the department.
1215 (b) In addition to being subject to the stop-sale
1216 procedures above, unregistered brake fluid shall be held by the
1217 department or its representative, at a place to be designated in
1218 the stop-sale order, until properly registered and released in
1219 writing by the department or its representative. If application
1220 is has not been made for registration of the such product within
1221 30 days after issue of the stop-sale order, such product shall
1222 be disposed of by the department, or, with the department’s
1223 consent, by the business, to any tax-supported institution or
1224 agency of the state if the brake fluid meets legal
1225 specifications or by other disposal authorized by rule of the
1226 department if it fails to meet legal specifications.
1227 Section 34. Subsections (1) and (3) and paragraphs (a) and
1228 (c) of subsection (5) of section 527.0201, Florida Statutes, are
1229 amended to read:
1230 527.0201 Qualifiers; master qualifiers; examinations.—
1231 (1) In addition to the requirements of s. 527.02, any
1232 person applying for a license to engage in the activities of a
1233 pipeline system operator, category I liquefied petroleum gas
1234 dealer, category II liquefied petroleum gas dispenser, category
1235 IV liquefied petroleum gas dispenser and recreational vehicle
1236 servicer, category V liquefied petroleum gases dealer for
1237 industrial uses only, LP gas installer, specialty installer,
1238 requalifier requalification of cylinders, or fabricator,
1239 repairer, and tester of vehicles and cargo tanks must prove
1240 competency by passing a written examination administered by the
1241 department or its agent with a grade of at least 75 percent in
1242 each area tested or above. Each applicant for examination shall
1243 submit a $20 nonrefundable fee. The department shall by rule
1244 specify the general areas of competency to be covered by each
1245 examination and the relative weight to be assigned in grading
1246 each area tested.
1247 (3) Qualifier cards issued to category I liquefied
1248 petroleum gas dealers and liquefied petroleum gas installers
1249 shall expire 3 years after the date of issuance. All category I
1250 liquefied petroleum gas dealer qualifiers and liquefied
1251 petroleum gas installer qualifiers holding a valid qualifier
1252 card upon the effective date of this act shall retain their
1253 qualifier status until July 1, 2003, and may sit for the master
1254 qualifier examination at any time during that time period. All
1255 such category I liquefied petroleum gas dealer qualifiers and
1256 liquefied petroleum gas installer qualifiers may renew their
1257 qualification on or before July 1, 2003, upon application to the
1258 department, payment of a $20 renewal fee, and documentation of
1259 the completion of a minimum of 16 12 hours of approved
1260 continuing education courses, as defined by department rule,
1261 during the previous 3-year period. Applications for renewal must
1262 be made 30 calendar days prior to expiration. Persons failing to
1263 renew prior to the expiration date must reapply and take a
1264 qualifier competency examination in order to reestablish
1265 category I liquefied petroleum gas dealer qualifier and
1266 liquefied petroleum gas installer qualifier status. If a
1267 category I liquefied petroleum gas qualifier or liquefied
1268 petroleum gas installer qualifier becomes a master qualifier at
1269 any time during the effective date of the qualifier card, the
1270 card shall remain in effect until expiration of the master
1271 qualifier certification.
1272 (5) In addition to all other licensing requirements, each
1273 category I liquefied petroleum gas dealer and liquefied
1274 petroleum gas installer must, at the time of application for
1275 licensure, identify to the department one master qualifier who
1276 is a full-time employee at the licensed location. This person
1277 shall be a manager, owner, or otherwise primarily responsible
1278 for overseeing the operations of the licensed location and must
1279 provide documentation to the department as provided by rule. The
1280 master qualifier requirement shall be in addition to the
1281 requirements of subsection (1).
1282 (a) In order to apply for certification as a master
1283 qualifier, each applicant must be a category I liquefied
1284 petroleum gas dealer qualifier or liquefied petroleum gas
1285 installer qualifier, must be employed by a licensed category I
1286 liquefied petroleum gas dealer, liquefied petroleum gas
1287 installer, or applicant for such license, must provide
1288 documentation of a minimum of 1 year’s work experience in the
1289 gas industry, and must pass a master qualifier competency
1290 examination. Master qualifier examinations shall be based on
1291 Florida’s laws, rules, and adopted codes governing liquefied
1292 petroleum gas safety, general industry safety standards, and
1293 administrative procedures. The examination must be successfully
1294 passed completed by the applicant with a grade of at least 75
1295 percent or more. Each applicant for master qualifier status
1296 shall submit to the department a nonrefundable $30 examination
1297 fee prior to the examination.
1298 (c) Master qualifier status shall expire 3 years after the
1299 date of issuance of the certificate and may be renewed by
1300 submission to the department of documentation of completion of
1301 at least 16 12 hours of approved continuing education courses
1302 during the 3-year period; proof of employment with a licensed
1303 category I liquefied petroleum gas dealer, liquefied petroleum
1304 gas installer, or applicant; and a $30 certificate renewal fee.
1305 The department shall define, by rule, approved courses of
1306 continuing education.
1307 Section 35. Section 527.12, Florida Statutes, is amended to
1308 read:
1309 527.12 Cease and desist orders; stop-use orders; stop
1310 operation orders; stop-sale orders; administrative fines.—
1311 (1) Whenever the department has shall have reason to
1312 believe that any person is violating or has violated been
1313 violating provisions of this chapter or any rules adopted under
1314 this chapter pursuant thereto, the department it may issue a
1315 cease and desist order, or impose a civil penalty, or do both
1316 may issue such cease and desist order and impose a civil
1317 penalty.
1318 (2) Whenever a person or liquefied petroleum gas system or
1319 storage facility, or any part or component thereof, fails to
1320 comply with this chapter or any rules adopted under this
1321 chapter, the department may issue a stop-use order, stop
1322 operation order, or stop-sale order.
1323 Section 36. Subsection (1) of section 559.805, Florida
1324 Statutes, is amended to read:
1325 559.805 Filings with the department; disclosure of
1326 advertisement identification number.—
1327 (1) Every seller of a business opportunity shall annually
1328 file with the department a copy of the disclosure statement
1329 required by s. 559.803 before prior to placing an advertisement
1330 or making any other representation designed to offer to, sell
1331 to, or solicit an offer to buy a business opportunity from a
1332 prospective purchaser in this state and shall update this filing
1333 by reporting any material change in the required information
1334 within 30 days after the material change occurs. An
1335 advertisement is not placed in the state merely because the
1336 publisher circulates, or there is circulated on his or her
1337 behalf in the state, any bona fide newspaper or other
1338 publication of general, regular, and paid circulation which has
1339 had more than two-thirds of its circulation during the past 12
1340 months outside the state or because a radio or television
1341 program originating outside the state is received in the state.
1342 If the seller is required by s. 559.807 to provide a bond or
1343 establish a trust account or guaranteed letter of credit, he or
1344 she shall contemporaneously file with the department a copy of
1345 the bond, a copy of the formal notification by the depository
1346 that the trust account is established, or a copy of the
1347 guaranteed letter of credit. Every seller of a business
1348 opportunity shall file with the department a list of independent
1349 agents who will engage in the offer or sale of business
1350 opportunities on behalf of the seller in this state. This list
1351 must be kept current and shall include the following
1352 information: name, home and business address, telephone number,
1353 present employer, social security number, and birth date. A No
1354 person may not shall be allowed to offer or sell business
1355 opportunities unless the required information is has been
1356 provided to the department.
1357 Section 37. Subsection (3) of section 559.928, Florida
1358 Statutes, is amended to read:
1359 559.928 Registration.—
1360 (3) Each independent agent shall annually file an affidavit
1361 with the department before prior to engaging in business in this
1362 state. This affidavit must include the independent agent’s full
1363 name, legal business or trade name, mailing address, business
1364 address, telephone number, social security number, and the name
1365 or names and addresses of each seller of travel represented by
1366 the independent agent. A letter evidencing proof of filing must
1367 be issued by the department and must be prominently displayed in
1368 the independent agent’s primary place of business. Each
1369 independent agent must also submit an annual registration fee of
1370 $50. All moneys collected pursuant to the imposition of the fee
1371 shall be deposited by the Chief Financial Officer into the
1372 General Inspection Trust Fund of the Department of Agriculture
1373 and Consumer Services for the sole purpose of administrating
1374 this part. As used in this subsection, the term “independent
1375 agent” means a person who represents a seller of travel by
1376 soliciting persons on its behalf; who has a written contract
1377 with a seller of travel which is operating in compliance with
1378 this part and any rules adopted thereunder; who does not receive
1379 a fee, commission, or other valuable consideration directly from
1380 the purchaser for the seller of travel; who does not at any time
1381 have any unissued ticket stock or travel documents in his or her
1382 possession; and who does not have the ability to issue tickets,
1383 vacation certificates, or any other travel document. The term
1384 “independent agent” does not include an affiliate of the seller
1385 of travel, as that term is used in s. 559.935(3), or the
1386 employees of the seller of travel or of such affiliates.
1387 Section 38. Subsection (10) of section 570.07, Florida
1388 Statutes, is amended to read:
1389 570.07 Department of Agriculture and Consumer Services;
1390 functions, powers, and duties.—The department shall have and
1391 exercise the following functions, powers, and duties:
1392 (10) To act as adviser to producers and distributors, when
1393 requested, and to assist them in the economical and efficient
1394 distribution of their agricultural products, and to encourage
1395 cooperative effort among producers to gain economical and
1396 efficient production of agricultural products, and to adopt
1397 rules establishing comprehensive best management practices for
1398 agricultural production and food safety.
1399 Section 39. Subsection (7) of section 570.0725, Florida
1400 Statutes, is amended to read:
1401 570.0725 Food recovery; legislative intent; department
1402 functions.—
1403 (7) For public information purposes, the department may
1404 shall develop and provide a public information brochure
1405 detailing the need for food banks and similar of food recovery
1406 programs, the benefit of such food recovery programs, the manner
1407 in which such organizations may become involved in such food
1408 recovery programs, and the protection afforded to such programs
1409 under s. 768.136, and the food recovery entities or food banks
1410 that exist in the state. This brochure must be updated annually.
1411 A food bank or similar food recovery organization seeking to be
1412 included on a list of such organizations must notify the
1413 department and provide the information required by rule of the
1414 department. Such organizations are responsible for updating the
1415 information and providing the updated information to the
1416 department. The department may adopt rules to implement this
1417 section.
1418 Section 40. Paragraph (e) of subsection (2) of section
1419 570.48, Florida Statutes, is amended to read:
1420 570.48 Division of Fruit and Vegetables; powers and duties;
1421 records.—The duties of the Division of Fruit and Vegetables
1422 include, but are not limited to:
1423 (2)
1424 (e) Performing tomato food safety inspections under s.
1425 500.70 on tomato farms, in tomato greenhouses, and in tomato
1426 packinghouses and repackers.
1427 Section 41. Paragraph (e) of subsection (6) of section
1428 570.53, Florida Statutes, is amended to read:
1429 570.53 Division of Marketing and Development; powers and
1430 duties.—The powers and duties of the Division of Marketing and
1431 Development include, but are not limited to:
1432 (6)
1433 (e) Extending in every practicable way the distribution and
1434 sale of Florida agricultural products throughout the markets of
1435 the world as required of the department by s. ss. 570.07(7),
1436 (8), (10), and (11) and 570.071 and chapters 571, 573, and 574.
1437 Section 42. Subsection (2) of section 570.54, Florida
1438 Statutes, is amended to read:
1439 570.54 Director; duties.—
1440 (2) It shall be the duty of the director of this division
1441 to supervise, direct, and coordinate the activities authorized
1442 by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and
1443 (20), 570.071, 570.21, 534.47-534.53, and 604.15-604.34 and
1444 chapters 504, 571, 573, and 574 and to exercise other powers and
1445 authority as authorized by the department.
1446 Section 43. Subsection (4) of section 570.55, Florida
1447 Statutes, is amended to read:
1448 570.55 Identification of sellers or handlers of tropical or
1449 subtropical fruit and vegetables; containers specified;
1450 penalties.—
1451 (4) IDENTIFICATION OF HANDLER.—At the time of each
1452 transaction involving the handling or sale of 55 pounds or more
1453 of tropical or subtropical fruit or vegetables in the primary
1454 channel of trade, the buyer or receiver of the tropical or
1455 subtropical fruit or vegetables shall demand a bill of sale,
1456 invoice, sales memorandum, or other document listing the date of
1457 the transaction, the quantity of the tropical or subtropical
1458 fruit or vegetables involved in the transaction, and the
1459 identification of the seller or handler as it appears on the
1460 driver’s license of the seller or handler, including the
1461 driver’s license number. If the seller or handler does not
1462 possess a driver’s license, the buyer or receiver shall use any
1463 other acceptable means of identification, which may include, but
1464 is not limited to, i.e., voter’s registration card and number,
1465 draft card, social security card, or other identification.
1466 However, no less than two identification documents shall be
1467 used. The identification of the seller or handler shall be
1468 recorded on the bill of sale, sales memorandum, invoice, or
1469 voucher, which shall be retained by the buyer or receiver for a
1470 period of not less than 1 year from the date of the transaction.
1471 Section 44. Subsection (3) of section 570.902, Florida
1472 Statutes, is amended to read:
1473 570.902 Definitions; ss. 570.902 and 570.903.—For the
1474 purpose of ss. 570.902 and 570.903:
1475 (3) “Museum” means the Florida Agricultural Museum which is
1476 designated as the museum for agriculture and rural history of
1477 the State of Florida.
1478 Section 45. Section 570.903, Florida Statutes, is amended
1479 to read:
1480 570.903 Direct-support organization.—
1481 (1) When the Legislature authorizes the establishment of a
1482 direct-support organization to provide assistance for the
1483 museums, the Florida Agriculture in the Classroom Program, the
1484 Florida State Collection of Arthropods, the Friends of the
1485 Florida State Forests Program of the Division of Forestry, and
1486 the Forestry Arson Alert Program, and other programs of the
1487 department, the following provisions shall govern the creation,
1488 use, powers, and duties of the direct-support organization.
1489 (a) The department shall enter into a memorandum or letter
1490 of agreement with the direct-support organization, which shall
1491 specify the approval of the department, the powers and duties of
1492 the direct-support organization, and rules with which the
1493 direct-support organization shall comply.
1494 (b) The department may permit, without charge, appropriate
1495 use of property, facilities, and personnel of the department by
1496 a direct-support organization, subject to the provisions of ss.
1497 570.902 and 570.903. The use shall be directly in keeping with
1498 the approved purposes of the direct-support organization and
1499 shall not be made at times or places that would unreasonably
1500 interfere with opportunities for the general public to use
1501 department facilities for established purposes.
1502 (c) The department shall prescribe by contract or by rule
1503 conditions with which a direct-support organization shall comply
1504 in order to use property, facilities, or personnel of the
1505 department or museum. Such rules shall provide for budget and
1506 audit review and oversight by the department.
1507 (d) The department shall not permit the use of property,
1508 facilities, or personnel of the museum, department, or
1509 designated program by a direct-support organization which does
1510 not provide equal employment opportunities to all persons
1511 regardless of race, color, religion, sex, age, or national
1512 origin.
1513 (2)(a) The direct-support organization shall be empowered
1514 to conduct programs and activities; raise funds; request and
1515 receive grants, gifts, and bequests of money; acquire, receive,
1516 hold, invest, and administer, in its own name, securities,
1517 funds, objects of value, or other property, real or personal;
1518 and make expenditures to or for the direct or indirect benefit
1519 of the museum or designated program.
1520 (b) Notwithstanding the provisions of s. 287.057, the
1521 direct-support organization may enter into contracts or
1522 agreements with or without competitive bidding for the
1523 restoration of objects, historical buildings, and other
1524 historical materials or for the purchase of objects, historical
1525 buildings, and other historical materials which are to be added
1526 to the collections of the museum, or benefit of the designated
1527 program. However, before the direct-support organization may
1528 enter into a contract or agreement without competitive bidding,
1529 the direct-support organization shall file a certification of
1530 conditions and circumstances with the internal auditor of the
1531 department justifying each contract or agreement.
1532 (c) Notwithstanding the provisions of s. 287.025(1)(e), the
1533 direct-support organization may enter into contracts to insure
1534 property of the museum or designated programs and may insure
1535 objects or collections on loan from others in satisfying
1536 security terms of the lender.
1537 (3) The direct-support organization shall provide for an
1538 annual financial audit in accordance with s. 215.981.
1539 (4) Neither a designated program or a museum, nor a
1540 nonprofit corporation trustee or employee may:
1541 (a) Receive a commission, fee, or financial benefit in
1542 connection with the sale or exchange of property historical
1543 objects or properties to the direct-support organization, the
1544 museum, or the designated program; or
1545 (b) Be a business associate of any individual, firm, or
1546 organization involved in the sale or exchange of property to the
1547 direct-support organization, the museum, or the designated
1548 program.
1549 (5) All moneys received by the direct-support organization
1550 shall be deposited into an account of the direct-support
1551 organization and shall be used by the organization in a manner
1552 consistent with the goals of the museum or designated program.
1553 (6) The identity of a donor or prospective donor who
1554 desires to remain anonymous and all information identifying such
1555 donor or prospective donor are confidential and exempt from the
1556 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1557 Constitution.
1558 (7) The Commissioner of Agriculture, or the commissioner’s
1559 designee, may serve on the board of trustees and the executive
1560 committee of any direct-support organization established to
1561 benefit the museum or any designated program.
1562 (8) The department shall establish by rule archival
1563 procedures relating to museum artifacts and records. The rules
1564 shall provide procedures which protect the museum’s artifacts
1565 and records equivalent to those procedures which have been
1566 established by the Department of State under chapters 257 and
1567 267.
1568 Section 46. Subsection (4) of section 573.118, Florida
1569 Statutes, is amended to read:
1570 573.118 Assessment; funds; audit; loans.—
1571 (4) In the event of levying and collecting of assessments,
1572 for each fiscal year in which assessment funds are received by
1573 the department, the department shall maintain records of
1574 collections and expenditures for each marketing order separately
1575 within the state’s accounting system. If requested by an
1576 advisory council, department staff shall cause to be made a
1577 thorough annual audit of the books and accounts by a certified
1578 public accountant, such audit to be completed within 60 days
1579 after the request is received end of the fiscal year. The
1580 advisory council department and all producers and handlers
1581 covered by the marketing order shall be provided a copy of the
1582 properly advised of the details of the annual official audit of
1583 the accounts as shown by the certified public accountant within
1584 30 days after completion of the audit.
1585 Section 47. Subsections (18) through (30) of section
1586 581.011, Florida Statutes, are renumbered as subsections (17)
1587 through (29), respectively, and present subsections (17) and
1588 (20) of that section are amended to read:
1589 581.011 Definitions.—As used in this chapter:
1590 (17) “Museum” means the Florida State Collection of
1591 Arthropods.
1592 (19)(20) “Nursery” means any grounds or premises on or in
1593 which nursery stock is grown, propagated, or held for sale or
1594 distribution, including except where aquatic plant species are
1595 tended for harvest in the natural environment.
1596 Section 48. Paragraph (a) of subsection (3) of section
1597 581.211, Florida Statutes, is amended to read:
1598 581.211 Penalties for violations.—
1599 (3)(a)1. In addition to any other provision of law, the
1600 department may, after notice and hearing, impose an
1601 administrative fine not exceeding $10,000 $5,000 for each
1602 violation of this chapter, upon any person, nurseryman, stock
1603 dealer, agent or plant broker. The fine, when paid, shall be
1604 deposited in the Plant Industry Trust Fund. In addition, the
1605 department may place the violator on probation for up to 1 year,
1606 with conditions.
1607 2. The imposition of a fine or probation pursuant to this
1608 subsection may be in addition to or in lieu of the suspension or
1609 revocation of a certificate of registration or certificate of
1610 inspection.
1611 Section 49. Subsection (4) of section 583.01, Florida
1612 Statutes, is amended to read:
1613 583.01 Definitions.—For the purpose of this chapter, unless
1614 elsewhere indicated, the term:
1615 (4) “Dealer” means any person, firm, or corporation,
1616 including a producer, processor, retailer, or wholesaler, which
1617 that sells, offers for sale, or holds for the purpose of sale in
1618 this state:
1619 (a) The eggs of a flock of more than 3,000 birds; or
1620 (b) More than 20,000 head of dressed poultry that is
1621 produced or processed per calendar year 30 dozen or more eggs or
1622 its equivalent in any one week, or in excess of 100 pounds of
1623 dressed poultry in any one week.
1624 Section 50. Section 583.13, Florida Statutes, is amended to
1625 read:
1626 583.13 Labeling and advertising requirements for dressed
1627 poultry; unlawful acts.—
1628 (1) It is unlawful for any dealer or broker to sell, offer
1629 for sale, or hold for the purpose of sale in the state any
1630 dressed or ready-to-cook poultry in bulk unless the such poultry
1631 is packed in a container clearly bearing a label, not less than
1632 3 inches by 5 inches, on which shall be plainly and legibly
1633 printed, in letters of not less than 1/4 inch high in height,
1634 the grade and the part name or whole-bird statement of such
1635 poultry. The grade may be expressed in the term “premium,”
1636 “good,” or “standard,” or as the grade of another state or
1637 federal agency the standards of quality of which, by law, are
1638 equal to the standards of quality provided by this law and rules
1639 promulgated hereunder.
1640 (2) It is unlawful to sell unpackaged dressed or ready-to
1641 cook poultry at retail unless such poultry is labeled by a
1642 placard immediately adjacent to the poultry or unless each bird
1643 is individually labeled to show the grade and the part name or
1644 whole-bird statement. The placard shall be no smaller than 7
1645 inches by 7 inches in size, and the required labeling
1646 information shall be legibly and plainly printed on the placard
1647 in letters not smaller than 1 inch in height.
1648 (3) It is unlawful to sell packaged dressed or ready-to
1649 cook poultry at retail unless such poultry is labeled to show
1650 the grade, the part name or whole-bird statement, the net weight
1651 of the poultry, and the name and address of the dealer. The size
1652 of the type on the label must be one-eighth inch or larger. A
1653 placard immediately adjacent to such poultry may be used to
1654 indicate the grade and the part name or whole-bird statement,
1655 but not the net weight of the poultry or the name and address of
1656 the dealer.
1657 (4) It is unlawful to use dressed or ready-to-cook poultry
1658 in bulk in the preparation of food served to the public, or to
1659 hold such poultry for the purpose of such use, unless the
1660 poultry when received was packed in a container clearly bearing
1661 a label, not less than 3 inches by 5 inches, on which was
1662 plainly and legibly printed, in letters not less than 1/4 one
1663 fourth inch high in height, the grade and the part name or
1664 whole-bird statement of such poultry. The grade may be expressed
1665 in the term “premium,” “good,” or “standard,” or as the grade of
1666 another state or federal agency the standards of quality of
1667 which, by law, are equal to the standards of quality provided by
1668 this law and rules promulgated hereunder.
1669 (5) It is unlawful to offer dressed or ready-to-cook
1670 poultry for sale in any advertisement in a newspaper or
1671 circular, on radio or television, or in any other form of
1672 advertising without plainly designating in such advertisement
1673 the grade and the part name or whole-bird statement of such
1674 poultry.
1675 Section 51. Section 590.125, Florida Statutes, is amended
1676 to read:
1677 590.125 Open burning authorized by the division.—
1678 (1) DEFINITIONS.—As used in this section, the term:
1679 (a) “Certified pile burner” means an individual who
1680 successfully completes the division’s pile burning certification
1681 program and possesses a valid pile burner certification number.
1682 “Prescribed burning” means the controlled application of fire in
1683 accordance with a written prescription for vegetative fuels
1684 under specified environmental conditions while following
1685 appropriate precautionary measures that ensure that the fire is
1686 confined to a predetermined area to accomplish the planned fire
1687 or land-management objectives.
1688 (b) “Certified prescribed burn manager” means an individual
1689 who successfully completes the certified prescribed burning
1690 certification program of the division and possesses a valid
1691 certification number.
1692 (c) “Prescription” means a written plan establishing the
1693 criteria necessary for starting, controlling, and extinguishing
1694 a prescribed burn.
1695 (c)(d) “Extinguished” means: that no spreading flame
1696 1. For wild land burning or certified prescribed burning,
1697 that spreading flames do not and no visible flame, smoke, or
1698 emissions for vegetative land-clearing debris burning, exist.
1699 2. For vegetative land-clearing debris burning or pile
1700 burning, that visible flames do not exist.
1701 3. For vegetative land-clearing debris burning or pile
1702 burning in an area designated as smoke sensitive by the
1703 division, that no visible flames, smoke, or emissions exist.
1704 (d) “Land-clearing operation” means the uprooting or
1705 clearing of vegetation in connection with the construction of
1706 buildings and rights-of-way, land development, and mineral
1707 operations. The term does not include the clearing of yard
1708 trash.
1709 (e) “Pile burning” means the burning of silvicultural,
1710 agricultural, or land-clearing and tree-cutting debris
1711 originating onsite, which is stacked together in a round or
1712 linear fashion, including, but not limited to, a windrow.
1713 (f) “Prescribed burning” means the controlled application
1714 of fire in accordance with a written prescription for vegetative
1715 fuels under specified environmental conditions while following
1716 appropriate precautionary measures that ensure that the fire is
1717 confined to a predetermined area to accomplish the planned fire
1718 or land-management objectives.
1719 (g) “Prescription” means a written plan establishing the
1720 criteria necessary for starting, controlling, and extinguishing
1721 a prescribed burn.
1722 (h) “Yard trash” means vegetative matter resulting from
1723 landscaping and yard maintenance operations and other such
1724 routine property cleanup activities. The term includes materials
1725 such as leaves, shrub trimmings, grass clippings, brush, and
1726 palm fronds.
1727 (2) NONCERTIFIED BURNING.—
1728 (a) Persons may be authorized to burn wild land or
1729 vegetative land-clearing debris in accordance with this
1730 subsection if:
1731 1. There is specific consent of the landowner or his or her
1732 designee;
1733 2. Authorization has been obtained from the division or its
1734 designated agent before starting the burn;
1735 3. There are adequate firebreaks at the burn site and
1736 sufficient personnel and firefighting equipment for the control
1737 of the fire;
1738 4. The fire remains within the boundary of the authorized
1739 area;
1740 5. Someone is present at the burn site until the fire is
1741 extinguished;
1742 6. The division does not cancel the authorization; and
1743 7. The division determines that air quality and fire danger
1744 are favorable for safe burning.
1745 (b) A person who burns wild land or vegetative land
1746 clearing debris in a manner that violates any requirement of
1747 this subsection commits a misdemeanor of the second degree,
1748 punishable as provided in s. 775.082 or s. 775.083.
1749 (3) CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
1750 PURPOSE.—
1751 (a) The application of prescribed burning is a land
1752 management tool that benefits the safety of the public, the
1753 environment, and the economy of the state. The Legislature finds
1754 that:
1755 1. Prescribed burning reduces vegetative fuels within wild
1756 land areas. Reduction of the fuel load reduces the risk and
1757 severity of wildfire, thereby reducing the threat of loss of
1758 life and property, particularly in urban areas.
1759 2. Most of Florida’s natural communities require periodic
1760 fire for maintenance of their ecological integrity. Prescribed
1761 burning is essential to the perpetuation, restoration, and
1762 management of many plant and animal communities. Significant
1763 loss of the state’s biological diversity will occur if fire is
1764 excluded from fire-dependent systems.
1765 3. Forestland and rangeland constitute significant
1766 economic, biological, and aesthetic resources of statewide
1767 importance. Prescribed burning on forestland prepares sites for
1768 reforestation, removes undesirable competing vegetation,
1769 expedites nutrient cycling, and controls or eliminates certain
1770 forest pathogens. On rangeland, prescribed burning improves the
1771 quality and quantity of herbaceous vegetation necessary for
1772 livestock production.
1773 4. The state purchased hundreds of thousands of acres of
1774 land for parks, preserves, wildlife management areas, forests,
1775 and other public purposes. The use of prescribed burning for
1776 management of public lands is essential to maintain the specific
1777 resource values for which these lands were acquired.
1778 5. A public education program is necessary to make citizens
1779 and visitors aware of the public safety, resource, and economic
1780 benefits of prescribed burning.
1781 6. Proper training in the use of prescribed burning is
1782 necessary to ensure maximum benefits and protection for the
1783 public.
1784 7. As Florida’s population continues to grow, pressures
1785 from liability issues and nuisance complaints inhibit the use of
1786 prescribed burning. Therefore, the division is urged to maximize
1787 the opportunities for prescribed burning conducted during its
1788 daytime and nighttime authorization process.
1789 (b) Certified prescribed burning pertains only to broadcast
1790 burning for purposes of silviculture, wildlife management,
1791 ecological maintenance and restoration, and range and pasture
1792 management. It must be conducted in accordance with this
1793 subsection and:
1794 1. May be accomplished only when a certified prescribed
1795 burn manager is present on site with a copy of the prescription
1796 from ignition of the burn to its completion.
1797 2. Requires that a written prescription be prepared before
1798 receiving authorization to burn from the division.
1799 3. Requires that the specific consent of the landowner or
1800 his or her designee be obtained before requesting an
1801 authorization.
1802 4. Requires that an authorization to burn be obtained from
1803 the division before igniting the burn.
1804 5. Requires that there be adequate firebreaks at the burn
1805 site and sufficient personnel and firefighting equipment for the
1806 control of the fire.
1807 6. Is considered to be in the public interest and does not
1808 constitute a public or private nuisance when conducted under
1809 applicable state air pollution statutes and rules.
1810 7. Is considered to be a property right of the property
1811 owner if vegetative fuels are burned as required in this
1812 subsection.
1813 (c) Neither a property owner nor his or her agent is liable
1814 pursuant to s. 590.13 for damage or injury caused by the fire or
1815 resulting smoke or considered to be in violation of subsection
1816 (2) for burns conducted in accordance with this subsection
1817 unless gross negligence is proven.
1818 (d) Any certified burner who violates this section commits
1819 a misdemeanor of the second degree, punishable as provided in s.
1820 775.082 or s. 775.083.
1821 (e) The division shall adopt rules for the use of
1822 prescribed burning and for certifying and decertifying certified
1823 prescribed burn managers based on their past experience,
1824 training, and record of compliance with this section.
1825 (4) CERTIFIED PILE BURNING; LEGISLATIVE FINDINGS AND
1826 PURPOSE.—
1827 (a) Pile burning is a tool that benefits current and future
1828 generations in Florida by disposing of naturally occurring
1829 vegetative debris through burning rather than disposing of the
1830 debris in landfills.
1831 (b) Certified pile burning pertains to the disposal of
1832 piled, naturally occurring debris from an agricultural,
1833 silvicultural, or temporary land-clearing operation. A land
1834 clearing operation is temporary if it operates for 6 months or
1835 less. Certified pile burning must be conducted in accordance
1836 with this subsection, and:
1837 1. A certified pile burner must ensure, before ignition,
1838 that the piles are properly placed and that the content of the
1839 piles is conducive to efficient burning.
1840 2. A certified pile burner must ensure that the piles are
1841 properly extinguished no later than 1 hour after sunset. If the
1842 burn is conducted in an area designated by the division as smoke
1843 sensitive, a certified pile burner must ensure that the piles
1844 are properly extinguished at least 1 hour before sunset.
1845 3. A written pile burn plan must be prepared before
1846 receiving authorization from the division to burn.
1847 4. The specific consent of the landowner or his or her
1848 agent must be obtained before requesting authorization to burn.
1849 5. An authorization to burn must be obtained from the
1850 division or its designated agent before igniting the burn.
1851 6. There must be adequate firebreaks and sufficient
1852 personnel and firefighting equipment at the burn site to control
1853 the fire.
1854 (c) If a burn is conducted in accordance with this
1855 subsection, the property owner and his or her agent are not
1856 liable under s. 590.13 for damage or injury caused by the fire
1857 or resulting smoke, and are not in violation of subsection (2),
1858 unless gross negligence is proven.
1859 (d) A certified pile burner who violates this section
1860 commits a misdemeanor of the second degree, punishable as
1861 provided in s. 775.082 or s. 775.083.
1862 (e) The division shall adopt rules regulating certified
1863 pile burning. The rules shall include procedures and criteria
1864 for certifying and decertifying certified pile burn managers
1865 based on past experience, training, and record of compliance
1866 with this section.
1867 (5)(4) WILDFIRE HAZARD REDUCTION TREATMENT BY THE
1868 DIVISION.—The division may conduct fuel reduction initiatives,
1869 including, but not limited to, burning and mechanical and
1870 chemical treatment, on any area of wild land within the state
1871 which is reasonably determined to be in danger of wildfire in
1872 accordance with the following procedures:
1873 (a) Describe the areas that will receive fuels treatment to
1874 the affected local governmental entity.
1875 (b) Publish a treatment notice, including a description of
1876 the area to be treated, in a conspicuous manner in at least one
1877 newspaper of general circulation in the area of the treatment
1878 not less than 10 days before the treatment.
1879 (c) Prepare, and send the county tax collector shall
1880 include with the annual tax statement, a notice to be sent to
1881 all landowners in each area township designated by the division
1882 as a wildfire hazard area. The notice must describe particularly
1883 the area to be treated and the tentative date or dates of the
1884 treatment and must list the reasons for and the expected
1885 benefits from the wildfire hazard reduction.
1886 (d) Consider any landowner objections to the fuels
1887 treatment of his or her property. The landowner may apply to the
1888 director of the division for a review of alternative methods of
1889 fuel reduction on the property. If the director or his or her
1890 designee does not resolve the landowner objection, the director
1891 shall convene a panel made up of the local forestry unit
1892 manager, the fire chief of the jurisdiction, and the affected
1893 county or city manager, or any of their designees. If the
1894 panel’s recommendation is not acceptable to the landowner, the
1895 landowner may request further consideration by the Commissioner
1896 of Agriculture or his or her designee and shall thereafter be
1897 entitled to an administrative hearing pursuant to the provisions
1898 of chapter 120.
1899 (6)(5) DUTIES OF AGENCIES.—The Department of Education
1900 shall incorporate, where feasible and appropriate, the issues of
1901 fuels treatment, including prescribed burning, into its
1902 educational materials.
1903 (7) DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING
1904 AUTHORIZATION PROGRAMS.—
1905 (a) A county or municipality may exercise the division’s
1906 authority, if delegated by the division under this subsection,
1907 to issue authorizations for the burning of yard trash or debris
1908 from land-clearing operations. A county’s or municipality’s
1909 existing or proposed open burning authorization program must:
1910 1. Be approved by the division. The division shall not
1911 approve a program if it fails to meet the requirements of
1912 subsections (2) and (4) and any rules adopted under those
1913 subsections.
1914 2. Provide by ordinance or local law the requirements for
1915 obtaining and performing a burn authorization which comply with
1916 subsections (2) and (4) and any rules adopted under those
1917 subsections.
1918 3. Provide for the enforcement of the program’s
1919 requirements.
1920 4. Provide financial, personnel, and other resources needed
1921 to carry out the program.
1922 (b) If the division determines that a county’s or
1923 municipality’s open burning authorization program does not
1924 comply with subsections (2) and (4) and any rules adopted under
1925 those subsections, the division shall require the county or
1926 municipality to take necessary corrective actions within a
1927 reasonable period, not to exceed 90 days.
1928 1. If the county or municipality fails to take the
1929 necessary corrective actions within the required period, the
1930 division shall resume administration of the open burning
1931 authorization program in the county or municipality and the
1932 county or municipality shall cease administration of its
1933 program.
1934 2. Each county and municipality administering an open
1935 burning authorization program must cooperate with and assist the
1936 division in carrying out the division’s powers, duties, and
1937 functions.
1938 3. A person who violates the requirements of a county’s or
1939 municipality’s open burning authorization program, as provided
1940 by ordinance or local law enacted pursuant to this section,
1941 commits a violation of this chapter, punishable as provided in
1942 s. 590.14.
1943 Section 52. Section 590.14, Florida Statutes, is amended to
1944 read:
1945 590.14 Notice of violation; penalties.—
1946 (1) If a division employee determines that a person has
1947 violated chapter 589, or this chapter, or any rule adopted by
1948 the division to administer provisions of law conferring duties
1949 upon the division, the division employee he or she may issue a
1950 notice of violation indicating the statute violated. This notice
1951 will be filed with the division and a copy forwarded to the
1952 appropriate law enforcement entity for further action if
1953 necessary.
1954 (2) In addition to any penalties provided by law, any
1955 person who causes a wildfire or permits any authorized fire to
1956 escape the boundaries of the authorization or to burn past the
1957 time of the authorization is liable for the payment of all
1958 reasonable costs and expenses incurred in suppressing the fire
1959 or $150, whichever is greater. All costs and expenses incurred
1960 by the division shall be payable to the division. When such
1961 costs and expenses are not paid within 30 days after demand, the
1962 division may take proper legal proceedings for the collection of
1963 the costs and expenses. Those costs incurred by an agency acting
1964 at the division’s direction are recoverable by that agency.
1965 (3) The department may also impose an administrative fine,
1966 not to exceed $1,000 per violation of any section of chapter 589
1967 or this chapter or violation of any rule adopted by the division
1968 to administer provisions of law conferring duties upon the
1969 division. The fine shall be based upon the degree of damage, the
1970 prior violation record of the person, and whether the person
1971 knowingly provided false information to obtain an authorization.
1972 The fines shall be deposited in the Incidental Trust Fund of the
1973 division.
1974 (4) A person may not:
1975 (a) Fail to comply with any rule or order adopted by the
1976 division to administer provisions of law conferring duties upon
1977 the division; or
1978 (b) Knowingly make any false statement or representation in
1979 any application, record, plan, or other document required by
1980 this chapter or any rules adopted under this chapter.
1981 (5) A person who violates paragraph (4)(a) or paragraph
1982 (4)(b) commits a misdemeanor of the second degree, punishable as
1983 provided in s. 775.082 or s. 775.083.
1984 (6) It is the intent of the Legislature that a penalty
1985 imposed by a court under subsection (5) be of a severity that
1986 ensures immediate and continued compliance with this section.
1987 (7)(4) The penalties provided in this section shall extend
1988 to both the actual violator and the person or persons, firm, or
1989 corporation causing, directing, or permitting the violation.
1990 Section 53. Paragraph (a) of subsection (1) of section
1991 599.004, Florida Statutes, is amended to read:
1992 599.004 Florida Farm Winery Program; registration; logo;
1993 fees.—
1994 (1) The Florida Farm Winery Program is established within
1995 the Department of Agriculture and Consumer Services. Under this
1996 program, a winery may qualify as a tourist attraction only if it
1997 is registered with and certified by the department as a Florida
1998 Farm Winery. A winery may not claim to be certified unless it
1999 has received written approval from the department.
2000 (a) To qualify as a certified Florida Farm Winery, a winery
2001 shall meet the following standards:
2002 1. Produce or sell less than 250,000 gallons of wine
2003 annually.
2004 2. Maintain a minimum of 10 acres of owned or managed land
2005 vineyards in Florida which produces commodities used in the
2006 production of wine.
2007 3. Be open to the public for tours, tastings, and sales at
2008 least 30 hours each week.
2009 4. Make annual application to the department for
2010 recognition as a Florida Farm Winery, on forms provided by the
2011 department.
2012 5. Pay an annual application and registration fee of $100.
2013 Section 54. Subsection (1) of section 604.15, Florida
2014 Statutes, is amended, and subsection (11) is added to that
2015 section, to read:
2016 604.15 Dealers in agricultural products; definitions.—For
2017 the purpose of ss. 604.15-604.34, the following words and terms,
2018 when used, shall be construed to mean:
2019 (1) “Agricultural products” means the natural products of
2020 the farm, nursery, grove, orchard, vineyard, garden, and apiary
2021 (raw or manufactured); sod; tropical foliage; horticulture; hay;
2022 livestock; milk and milk products; poultry and poultry products;
2023 the fruit of the saw palmetto (meaning the fruit of the Serenoa
2024 repens); limes (meaning the fruit Citrus aurantifolia, variety
2025 Persian, Tahiti, Bearss, or Florida Key limes); and any other
2026 nonexempt agricultural products produced in the state, except
2027 tobacco, sugarcane, tropical foliage, timber and timber
2028 byproducts, forest products as defined in s. 591.17, and citrus
2029 other than limes.
2030 (11) “Responsible position” means a position within the
2031 business of a dealer in agricultural products which has the
2032 authority to negotiate or make the purchase of agricultural
2033 products on behalf of the dealer’s business or has principal
2034 active management authority over the business decisions,
2035 actions, and activities of the dealer’s business in this state.
2036 Section 55. Section 604.19, Florida Statutes, is amended to
2037 read:
2038 604.19 License; fee; bond; certificate of deposit;
2039 penalty.—Unless the department refuses the application on one or
2040 more of the grounds provided in this section, it shall issue to
2041 an applicant, upon the payment of required fees and the
2042 execution and delivery of a bond or certificate of deposit as
2043 provided in this section, a state license entitling the
2044 applicant to conduct business as a dealer in agricultural
2045 products for a 1-year period to coincide with the effective
2046 period of the bond or certificate of deposit furnished by the
2047 applicant. During the 1-year period covered by a license, if the
2048 supporting surety bond or certificate of deposit is canceled for
2049 any reason, the license shall automatically expire on the date
2050 the surety bond or certificate of deposit terminates, unless an
2051 acceptable replacement is in effect before the date of
2052 termination so that continual coverage occurs for the remaining
2053 period of the license. A surety company shall give the
2054 department a 30-day written notice of cancellation by certified
2055 mail in order to cancel a bond. Cancellation of a bond or
2056 certificate of deposit does shall not relieve a surety company
2057 or financial institution of liability for purchases or sales
2058 occurring while the bond or certificate of deposit was in
2059 effect. The license fee, which must be paid for the principal
2060 place of business for a dealer in agricultural products, shall
2061 be based upon the amount of the dealer’s surety bond or
2062 certificate of deposit furnished by each dealer under the
2063 provisions of s. 604.20 and may not exceed $500. For each
2064 additional place in which the applicant desires to conduct
2065 business and which the applicant names in the application, the
2066 additional license fee must be paid but may not exceed $100
2067 annually. If a Should any dealer in agricultural products fails,
2068 refuses, or neglects fail, refuse, or neglect to apply and
2069 qualify for the renewal of a license on or before its the date
2070 of expiration date thereof, a penalty not to exceed $100 shall
2071 apply to and be added to the original license fee for the
2072 principal place of business and to the license fee for each
2073 additional place of business named in the application and shall
2074 be paid by the applicant before the renewal license may be
2075 issued. The department by rule shall prescribe fee amounts
2076 sufficient to fund ss. 604.15-604.34.
2077 Section 56. Subsections (1) and (4) of section 604.20,
2078 Florida Statutes, are amended to read:
2079 604.20 Bond or certificate of deposit prerequisite; amount;
2080 form.—
2081 (1) Before any license is issued, the applicant therefor
2082 shall make and deliver to the department a surety bond or
2083 certificate of deposit in the amount of at least $5,000 or in
2084 such greater amount as the department may determine. No bond or
2085 certificate of deposit may be in an amount less than $5,000. The
2086 penal sum of the bond or certificate of deposit to be furnished
2087 to the department by an applicant for license as a dealer in
2088 agricultural products shall be in an amount equal to twice the
2089 average of the monthly dollar amounts amount of agricultural
2090 products handled for a Florida producer or a producer’s agent or
2091 representative, by purchase or otherwise, during the month of
2092 maximum transaction in such products during the preceding 12
2093 month period. Only those months in which the applicant handled,
2094 by purchase or otherwise, amounts equal to or greater than
2095 $1,000 shall be used to calculate the penal sum of the required
2096 bond or certificate of deposit. An applicant for license who has
2097 not handled agricultural products for a Florida producer or a
2098 producer’s agent or representative, by purchase or otherwise,
2099 during the preceding 12-month period shall furnish a bond or
2100 certificate of deposit in an amount equal to twice the estimated
2101 average of the monthly dollar amounts amount of such
2102 agricultural products to be handled, by purchase or otherwise,
2103 during the month of maximum transaction during the next
2104 immediate 12 months. Only those months in which the applicant
2105 anticipates handling, by purchase or otherwise, amounts equal to
2106 or greater than $1,000 shall be used to calculate the penal sum
2107 of the required bond or certificate of deposit. Such bond or
2108 certificate of deposit shall be provided or assigned in the
2109 exact name in which the dealer will conduct business subject to
2110 the provisions of ss. 604.15-604.34. Such bond must be executed
2111 by a surety company authorized to transact business in the
2112 state. For the purposes of ss. 604.19-604.21, the term
2113 “certificate of deposit” means a certificate of deposit at any
2114 recognized financial institution doing business in the United
2115 States. No certificate of deposit may be accepted in connection
2116 with an application for a dealer’s license unless the issuing
2117 institution is properly insured by either the Federal Deposit
2118 Insurance Corporation or the Federal Savings and Loan Insurance
2119 Corporation. Such bond or any certificate of deposit assignment
2120 or agreement shall be upon a form prescribed or approved by the
2121 department and shall be conditioned to secure the faithful
2122 accounting for and payment, in the manner prescribed by s.
2123 604.21(9), to producers or their agents or representatives of
2124 the proceeds of all agricultural products handled or purchased
2125 by such dealer, and to secure payment to dealers who sell
2126 agricultural products to such dealer, and to pay any claims or
2127 costs ordered under s. 604.21 as the result of a complaint. Such
2128 bond or certificate of deposit assignment or agreement shall
2129 include terms binding the instrument to the Commissioner of
2130 Agriculture. A certificate of deposit shall be presented with an
2131 assignment of applicant’s rights in the certificate in favor of
2132 the Commissioner of Agriculture on a form prescribed by the
2133 department and with a letter from the issuing institution
2134 acknowledging that the assignment has been properly recorded on
2135 the books of the issuing institution and will be honored by the
2136 issuing institution. Such assignment shall be irrevocable while
2137 the dealer’s license is in effect and for an additional period
2138 of 6 months after the termination or expiration of the dealer’s
2139 license, provided no complaint is pending against the licensee.
2140 If a complaint is pending, the assignment shall remain in effect
2141 until all actions on the complaint have been finalized. The
2142 certificate of deposit may be released by the assignee of the
2143 financial institution to the licensee or the licensee’s
2144 successors, assignee, or heirs if no claims are pending against
2145 the licensee before the department at the conclusion of 6 months
2146 after the last effective date of the license. No certificate of
2147 deposit shall be accepted that contains any provision that would
2148 give the issuing institution any prior rights or claim on the
2149 proceeds or principal of such certificate of deposit. The
2150 department shall determine by rule the maximum amount of bond or
2151 certificate of deposit required of a dealer and whether an
2152 annual bond or certificate of deposit will be required.
2153 (4) The department may issue a conditional license to an
2154 applicant who is unable to provide a single bond or certificate
2155 of deposit in the full amount required by the calculation in
2156 subsection (1). The conditional license shall remain in effect
2157 for a 1-year period to coincide with the effective period of the
2158 bond or certificate of deposit furnished by the applicant. The
2159 applicant must provide at least the minimum $5,000 bond or
2160 certificate of deposit as provided in subsection (1) together
2161 with documentation from each of three separate bonding companies
2162 denying the applicant’s request for a surety bond in the full
2163 amount required in subsection (1) and one of the following:
2164 (a) A notarized affidavit limiting the handling of
2165 agricultural products, by purchase or otherwise, during their
2166 largest month to a minimum of one-half the amount of the bond or
2167 certificate of deposit provided by the applicant;
2168 (b) A notarized affidavit stating that any subject
2169 agricultural products, handled by purchase or otherwise,
2170 exceeding one-half of the amount of the bond or certificate of
2171 deposit will be handled under the exemption provisions set forth
2172 in s. 604.16(2); or
2173 (c) A second bond or certificate of deposit in such an
2174 amount that, when the penal sum of the second bond or
2175 certificate of deposit is added to the penal sum of the first
2176 bond or certificate of deposit, the combined penal sum will
2177 equal twice the dollar amount of agricultural products handled
2178 for a Florida producer or a producer’s agent or representative,
2179 by purchase or otherwise, during the month of maximum
2180 transaction in such products during the preceding 12-month
2181 period.
2182
2183 The department or its agents may require from any licensee who
2184 is issued a conditional license verified statements of the
2185 volume of the licensee’s business or may review the licensee’s
2186 records at the licensee’s place of business during normal
2187 business hours to determine the licensee’s adherence to the
2188 conditions of the license. The failure of a licensee to furnish
2189 such statement or to make such records available shall be cause
2190 for suspension of the licensee’s conditional license. If the
2191 department finds such failure to be willful, the conditional
2192 license may be revoked.
2193 Section 57. Section 604.25, Florida Statutes, is amended to
2194 read:
2195 604.25 Denial of, refusal to renew grant, or suspension or
2196 revocation of, license.—
2197 (1) The department may deny, refuse to renew, decline to
2198 grant a license or may suspend or revoke a license already
2199 granted if the applicant or licensee has:
2200 (1)(a) Suffered a monetary judgment entered against the
2201 applicant or licensee upon which is execution has been returned
2202 unsatisfied;
2203 (2)(b) Made false charges for handling or services
2204 rendered;
2205 (3)(c) Failed to account promptly and properly or to make
2206 settlements with any producer;
2207 (4)(d) Made any false statement or statements as to
2208 condition, quality, or quantity of goods received or held for
2209 sale when the true condition, quality, or quantity could have
2210 been ascertained by reasonable inspection;
2211 (5)(e) Made any false or misleading statement or statements
2212 as to market conditions or service rendered;
2213 (6)(f) Been guilty of a fraud in the attempt to procure, or
2214 the procurement of, a license;
2215 (7)(g) Directly or indirectly sold agricultural products
2216 received on consignment or on a net return basis for her or his
2217 own account, without prior authority from the producer
2218 consigning the same, or without notifying such producer;
2219 (8)(h) Failed to prevent a person from holding a position
2220 as the applicant’s or licensee’s owner, officer, director,
2221 general or managing partner, or employee Employed in a
2222 responsible position a person, or holding any other similarly
2223 situated position, if the person holds or has held a similar
2224 position with any entity that an officer of a corporation, who
2225 has failed to fully comply with an order of the department, has
2226 not satisfied a civil judgment held by the department, has
2227 pending any administrative or civil enforcement action by the
2228 department, or has pending any criminal charges pursuant to s.
2229 604.30 at any time within 1 year after issuance;
2230 (9)(i) Violated any statute or rule relating to the
2231 purchase or sale of any agricultural product, whether or not
2232 such transaction is subject to the provisions of this chapter;
2233 or
2234 (10)(j) Failed to submit to the department an application,
2235 appropriate license fees, and an acceptable surety bond or
2236 certificate of deposit; or.
2237 (11)(2) Failed If a licensee fails or refused refuses to
2238 comply in full with an order of the department or failed to
2239 satisfy a civil judgment owed to the department, her or his
2240 license may be suspended or revoked, in which case she or he
2241 shall not be eligible for license for a period of 1 year or
2242 until she or he has fully complied with the order of the
2243 department.
2244 (3) No person, or officer of a corporation, whose license
2245 has been suspended or revoked for failure to comply with an
2246 order of the department may hold a responsible position with a
2247 licensee for a period of 1 year or until the order of the
2248 department has been fully complied with.
2249 Section 58. Paragraph (b) of subsection (5) and paragraph
2250 (a) of subsection (9) of section 616.242, Florida Statutes, are
2251 amended, subsections (18) and (19) are renumbered as subsections
2252 (19) and (20), respectively, and a new subsection (18) is added
2253 to that section, to read:
2254 616.242 Safety standards for amusement rides.—
2255 (5) ANNUAL PERMIT.—
2256 (b) To apply for an annual permit an owner must submit to
2257 the department a written application on a form prescribed by
2258 rule of the department, which must include the following:
2259 1. The legal name, address, and primary place of business
2260 of the owner.
2261 2. A description, manufacturer’s name, serial number, model
2262 number and, if previously assigned, the United States Amusement
2263 Identification Number of the amusement ride.
2264 3. A valid certificate of insurance, or bond, escrow
2265 account, or unexpired irrevocable letter of credit for each
2266 amusement ride.
2267 4. An affidavit of compliance stating that the amusement
2268 ride was inspected in person by the affiant and that the
2269 amusement ride is in general conformance with the requirements
2270 of this section and all applicable rules adopted by the
2271 department. The affidavit must be executed by a professional
2272 engineer or a qualified inspector no earlier than 60 days
2273 before, but not later than, the date of the filing of the
2274 application with the department. The owner shall request
2275 inspection and permitting of the amusement ride within 60 days
2276 of the date of filing the application with the department. The
2277 department shall inspect and permit the amusement ride within 60
2278 days after filing the application with the department.
2279 5. If required by subsection (6), an affidavit of
2280 nondestructive testing dated and executed no earlier than 60
2281 days prior to, but not later than, the date of the filing of the
2282 application with the department. The owner shall request
2283 inspection and permitting of the amusement ride within 60 days
2284 of the date of filing the application with the department. The
2285 department shall inspect and permit the amusement ride within 60
2286 days after filing the application with the department.
2287 6. A request for inspection.
2288 7. Upon request, the owner shall, at no cost to the
2289 department, provide the department a copy of the manufacturer’s
2290 current recommended operating instructions in the possession of
2291 the owner, the owner’s operating fact sheet, and any written
2292 bulletins in the possession of the owner concerning the safety,
2293 operation, or maintenance of the amusement ride.
2294 (9) INSURANCE REQUIREMENTS.—
2295 (a) An owner may not operate an amusement ride unless the
2296 owner has in effect at all times of operation insurance meeting
2297 the following requirements:
2298 1. An insurance policy in an amount of not less than $1
2299 million per occurrence, $1 million in the aggregate, which
2300 insures the owner of the amusement ride against liability for
2301 injury to persons arising out of the use of the amusement ride;
2302 or
2303 2. A bond in a like amount; however, the aggregate
2304 liability of the surety under the bond may not exceed the face
2305 amount thereof;.
2306 3. An escrow account consisting of cash or assets in a like
2307 amount deposited with any bank, credit union, or savings
2308 association organized and doing business under the laws of this
2309 state or the United States; however, the aggregate liability of
2310 the account may not exceed the face amount thereof; or
2311 4. An unexpired irrevocable letter of credit in a like
2312 amount; however, the aggregate liability of the letter of credit
2313 may not exceed the face amount thereof. The letter of credit
2314 must:
2315 a. Be issued by any bank or savings association organized
2316 and doing business under the laws of this state or the United
2317 States.
2318 b. Be payable to the owner of the amusement ride as the
2319 beneficiary upon presentment of a final judgment indicating
2320 liability and awarding damages to be paid by the owner of the
2321 amusement ride or upon presentment of a settlement agreement
2322 signed by all parties to the agreement when such final judgment
2323 or settlement is a result of a claim arising out of liability.
2324 c. Not be used for litigation costs or attorney’s fees.
2325 d. Be nonassignable and nontransferable.
2326 (18) STOP-OPERATION ORDERS.—If an owner or amusement ride
2327 fails to comply with this chapter or any rule adopted under this
2328 chapter, the department may issue a stop-operation order.
2329 Section 59. Subsection (4) of section 686.201, Florida
2330 Statutes, is amended to read:
2331 686.201 Sales representative contracts involving
2332 commissions; requirements; termination of agreement; civil
2333 remedies.—
2334 (4) This section does not apply to:
2335 (a) Persons licensed pursuant to chapter 475 who are
2336 performing services within the scope of their license.
2337 (b) Contracts to which a seller of travel as defined in s.
2338 559.927 is a party.
2339 Section 60. Paragraph (c) of subsection (5) of section
2340 790.06, Florida Statutes, is amended to read:
2341 790.06 License to carry concealed weapon or firearm.—
2342 (5) The applicant shall submit to the Department of
2343 Agriculture and Consumer Services:
2344 (c) A full set of fingerprints of the applicant
2345 administered by a law enforcement agency or the Division of
2346 Licensing of the Department of Agriculture and Consumer
2347 Services.
2348 Section 61. Sections 570.071 and 570.901, Florida Statutes,
2349 are repealed.
2350 Section 62. This act shall take effect July 1, 2010.