| 1 | A bill to be entitled |
| 2 | An act relating to the consumer services functions of the |
| 3 | Department of Agriculture and Consumer Services; amending |
| 4 | s. 493.6105, F.S.; revising the application requirements |
| 5 | and procedures for certain private investigative, private |
| 6 | security, recovery agent, firearm, and firearms instructor |
| 7 | licenses; amending s. 493.6106, F.S.; revising citizenship |
| 8 | requirements for licenses issued by the department; |
| 9 | prohibiting the licensure of applicants for a statewide |
| 10 | firearm license or firearms instructor license who are |
| 11 | prohibited from purchasing or possessing firearms; |
| 12 | requiring that private investigative, security, and |
| 13 | recovery agencies notify the Department of Agriculture and |
| 14 | Consumer Services of changes to their branch office |
| 15 | locations; amending s. 493.6107, F.S.; revising |
| 16 | requirements for the method of payment of certain fees; |
| 17 | amending s. 493.6108, F.S.; revising requirements for |
| 18 | criminal history checks of license applicants whose |
| 19 | fingerprints are not legible; requiring the department to |
| 20 | investigate the mental history and current mental and |
| 21 | emotional fitness of applicants for firearms instructor |
| 22 | licenses; amending s. 493.6111, F.S.; revising the |
| 23 | validity period for firearms instructor licenses; |
| 24 | requiring a security officer school or recovery agent |
| 25 | school to obtain the department's approval for use of a |
| 26 | fictitious name; specifying that a licensee may not |
| 27 | conduct business under more than one fictitious name; |
| 28 | amending s. 493.6113, F.S.; revising application renewal |
| 29 | procedures and requirements; revising the documentation |
| 30 | required for renewal of private investigative agency, |
| 31 | recovery agency, and firearms instructor licenses; |
| 32 | amending s. 493.6115, F.S.; conforming cross-references; |
| 33 | amending s. 493.6118, F.S.; authorizing disciplinary |
| 34 | action against statewide firearm licensees and firearms |
| 35 | instructor licensees who are prohibited from purchasing or |
| 36 | possessing firearms; amending s. 493.6121, F.S.; deleting |
| 37 | provisions for the department's access to certain criminal |
| 38 | history records provided to licensed gun dealers, |
| 39 | manufacturers, and exporters; amending s. 493.6202, F.S.; |
| 40 | revising requirements for the method of payment of certain |
| 41 | fees; amending s. 493.6203, F.S.; prohibiting bodyguard |
| 42 | services from being credited toward certain license |
| 43 | requirements; revising the training requirements for |
| 44 | private investigator intern license applicants; requiring |
| 45 | the automatic suspension of an intern's license under |
| 46 | certain circumstances; providing an exception; amending s. |
| 47 | 493.6302, F.S.; revising requirements for the method of |
| 48 | payment of certain fees; amending s. 493.6303, F.S.; |
| 49 | revising the training requirements for security officer |
| 50 | license applicants; amending s. 493.6304, F.S.; revising |
| 51 | application requirements and procedures for security |
| 52 | officer school licenses; amending s. 501.145, F.S.; |
| 53 | deleting authority for the department to bring actions for |
| 54 | injunctive relief under the Bedding Label Act; deleting |
| 55 | the definitions of certain terms to conform; amending s. |
| 56 | 525.01, F.S.; revising requirements for petroleum fuel |
| 57 | affidavits; amending s. 526.06, F.S.; revising prohibited |
| 58 | acts related to certain mixing, blending, compounding, or |
| 59 | adulterating of liquid fuels; deleting certain provisions |
| 60 | authorizing the sale of ethanol-blended fuels for use in |
| 61 | motor vehicles; amending s. 526.203, F.S.; revising the |
| 62 | definition of "blended gasoline" for purposes of renewable |
| 63 | fuel standards; providing an effective date. |
| 64 |
|
| 65 | Be It Enacted by the Legislature of the State of Florida: |
| 66 |
|
| 67 | Section 1. Section 493.6105, Florida Statutes, is amended |
| 68 | to read: |
| 69 | 493.6105 Initial application for license.- |
| 70 | (1) Each individual, partner, or principal officer in a |
| 71 | corporation, shall file with the department a complete |
| 72 | application accompanied by an application fee not to exceed $60, |
| 73 | except that the applicant for a Class "D" or Class "G" license |
| 74 | is shall not be required to submit an application fee. The |
| 75 | application fee is shall not be refundable. |
| 76 | (a) The application submitted by any individual, partner, |
| 77 | or corporate officer must shall be approved by the department |
| 78 | before the prior to that individual, partner, or corporate |
| 79 | officer assumes assuming his or her duties. |
| 80 | (b) Individuals who invest in the ownership of a licensed |
| 81 | agency, but do not participate in, direct, or control the |
| 82 | operations of the agency are shall not be required to file an |
| 83 | application. |
| 84 | (2) Each application must shall be signed and verified by |
| 85 | the individual under oath as provided in s. 92.525 and shall be |
| 86 | notarized. |
| 87 | (3) The application must shall contain the following |
| 88 | information concerning the individual signing the application |
| 89 | same: |
| 90 | (a) Name and any aliases. |
| 91 | (b) Age and date of birth. |
| 92 | (c) Place of birth. |
| 93 | (d) Social security number or alien registration number, |
| 94 | whichever is applicable. |
| 95 | (e) Current Present residence address and mailing address |
| 96 | and his or her residence addresses within the 5 years |
| 97 | immediately preceding the submission of the application. |
| 98 | (f) Occupations held presently and within the 5 years |
| 99 | immediately preceding the submission of the application. |
| 100 | (f)(g) A statement of all criminal convictions, findings |
| 101 | of guilt, and pleas of guilty or nolo contendere, regardless of |
| 102 | adjudication of guilt. If the application is submitted for a |
| 103 | Class "G" or Class "K" license by an applicant who is younger |
| 104 | than 24 years of age, the application must also include a |
| 105 | statement of all findings of the applicant having committed a |
| 106 | delinquent act in any state, territory, or country which was |
| 107 | punishable by imprisonment for a term exceeding 1 year and which |
| 108 | would, if committed by an adult, have been a felony. |
| 109 | (g) One passport-type color photograph taken within the 6 |
| 110 | months immediately preceding submission of the application. |
| 111 | (h) A statement whether he or she has ever been |
| 112 | adjudicated incompetent under chapter 744. |
| 113 | (i) A statement whether he or she has ever been committed |
| 114 | to a mental institution under chapter 394. |
| 115 | (j) A full set of fingerprints on a card provided by the |
| 116 | department and a fingerprint fee to be established by rule of |
| 117 | the department based upon costs determined by state and federal |
| 118 | agency charges and department processing costs. An applicant who |
| 119 | has, within the immediately preceding 6 months, submitted a |
| 120 | fingerprint card and fee for licensing purposes under this |
| 121 | chapter shall not be required to submit another fingerprint card |
| 122 | or fee. |
| 123 | (k) A personal inquiry waiver which allows the department |
| 124 | to conduct necessary investigations to satisfy the requirements |
| 125 | of this chapter. |
| 126 | (l) Such further facts as may be required by the |
| 127 | department to show that the individual signing the application |
| 128 | is of good moral character and qualified by experience and |
| 129 | training to satisfy the requirements of this chapter. |
| 130 | (4) In addition to the application requirements outlined |
| 131 | in subsection (3), the applicant for a Class "C," Class "CC," |
| 132 | Class "E," Class "EE," or Class "G" license shall submit two |
| 133 | color photographs taken within the 6 months immediately |
| 134 | preceding the submission of the application, which meet |
| 135 | specifications prescribed by rule of the department. All other |
| 136 | applicants shall submit one photograph taken within the 6 months |
| 137 | immediately preceding the submission of the application. |
| 138 | (4)(5) In addition to the application requirements |
| 139 | outlined under subsection (3), the applicant for a Class "C," |
| 140 | Class "E," Class "M," Class "MA," Class "MB," or Class "MR" |
| 141 | license shall include a statement on a form provided by the |
| 142 | department of the experience which he or she believes will |
| 143 | qualify him or her for such license. |
| 144 | (5)(6) In addition to the requirements outlined in |
| 145 | subsection (3), an applicant for a Class "G" license shall |
| 146 | satisfy minimum training criteria for firearms established by |
| 147 | rule of the department, which training criteria shall include, |
| 148 | but is not limited to, 28 hours of range and classroom training |
| 149 | taught and administered by a Class "K" licensee; however, no |
| 150 | more than 8 hours of such training shall consist of range |
| 151 | training. If the applicant can show proof that he or she is an |
| 152 | active law enforcement officer currently certified under the |
| 153 | Criminal Justice Standards and Training Commission or has |
| 154 | completed the training required for that certification within |
| 155 | the last 12 months, or if the applicant submits one of the |
| 156 | certificates specified in paragraph (6)(a) (7)(a), the |
| 157 | department may waive the foregoing firearms training |
| 158 | requirement. |
| 159 | (6)(7) In addition to the requirements under subsection |
| 160 | (3), an applicant for a Class "K" license shall: |
| 161 | (a) Submit one of the following certificates: |
| 162 | 1. The Florida Criminal Justice Standards and Training |
| 163 | Commission Instructor Firearms Instructor's Certificate and |
| 164 | written confirmation by the commission that the applicant |
| 165 | possesses an active firearms certification. |
| 166 | 2. The National Rifle Association Police Firearms |
| 167 | Instructor's Certificate. |
| 168 | 2.3. The National Rifle Association Private Security |
| 169 | Firearm Instructor Firearms Instructor's Certificate. |
| 170 | 3.4. A firearms instructor instructor's certificate issued |
| 171 | by from a federal law enforcement agency, state, county, or |
| 172 | municipal police academy in this state recognized as such by the |
| 173 | Criminal Justice Standards and Training Commission or by the |
| 174 | Department of Education. |
| 175 | (b) Pay the fee for and pass an examination administered |
| 176 | by the department which shall be based upon, but is not |
| 177 | necessarily limited to, a firearms instruction manual provided |
| 178 | by the department. |
| 179 | (7)(8) In addition to the application requirements for |
| 180 | individuals, partners, or officers outlined under subsection |
| 181 | (3), the application for an agency license shall contain the |
| 182 | following information: |
| 183 | (a) The proposed name under which the agency intends to |
| 184 | operate. |
| 185 | (b) The street address, mailing address, and telephone |
| 186 | numbers of the principal location at which business is to be |
| 187 | conducted in this state. |
| 188 | (c) The street address, mailing address, and telephone |
| 189 | numbers of all branch offices within this state. |
| 190 | (d) The names and titles of all partners or, in the case |
| 191 | of a corporation, the names and titles of its principal |
| 192 | officers. |
| 193 | (8)(9) Upon submission of a complete application, a Class |
| 194 | "CC," Class "C," Class "D," Class "EE," Class "E," Class "M," |
| 195 | Class "MA," Class "MB," or Class "MR" applicant may commence |
| 196 | employment or appropriate duties for a licensed agency or branch |
| 197 | office. However, the Class "C" or Class "E" applicant must work |
| 198 | under the direction and control of a sponsoring licensee while |
| 199 | his or her application is being processed. If the department |
| 200 | denies application for licensure, the employment of the |
| 201 | applicant must be terminated immediately, unless he or she |
| 202 | performs only unregulated duties. |
| 203 | Section 2. Paragraph (f) of subsection (1) and paragraph |
| 204 | (a) of subsection (2) of section 493.6106, Florida Statutes, are |
| 205 | amended, and paragraph (g) is added to subsection (1) of that |
| 206 | section, to read: |
| 207 | 493.6106 License requirements; posting.- |
| 208 | (1) Each individual licensed by the department must: |
| 209 | (f) Be a citizen or permanent legal resident alien of the |
| 210 | United States or have appropriate been granted authorization |
| 211 | issued to seek employment in this country by the United States |
| 212 | Bureau of Citizenship and Immigration Services of the United |
| 213 | States Department of Homeland Security. |
| 214 | (g) Not be prohibited from purchasing or possessing a |
| 215 | firearm by state or federal law if the individual is applying |
| 216 | for a Class "G" license or a Class "K" license. |
| 217 | (2) Each agency shall have a minimum of one physical |
| 218 | location within this state from which the normal business of the |
| 219 | agency is conducted, and this location shall be considered the |
| 220 | primary office for that agency in this state. |
| 221 | (a) If an agency or branch office desires to change the |
| 222 | physical location of the business, as it appears on the agency |
| 223 | license, the department must be notified within 10 days after of |
| 224 | the change, and, except upon renewal, the fee prescribed in s. |
| 225 | 493.6107 must be submitted for each license requiring revision. |
| 226 | Each license requiring revision must be returned with such |
| 227 | notification. |
| 228 | Section 3. Subsection (3) of section 493.6107, Florida |
| 229 | Statutes, is amended to read: |
| 230 | 493.6107 Fees.- |
| 231 | (3) The fees set forth in this section must be paid by |
| 232 | certified check or money order or, at the discretion of the |
| 233 | department, by electronic funds transfer agency check at the |
| 234 | time the application is approved, except that the applicant for |
| 235 | a Class "G" or Class "M" license must pay the license fee at the |
| 236 | time the application is made. If a license is revoked or denied |
| 237 | or if the application is withdrawn, the license fee shall not be |
| 238 | refunded. |
| 239 | Section 4. Paragraph (a) of subsection (1) and subsection |
| 240 | (3) of section 493.6108, Florida Statutes, are amended to read: |
| 241 | 493.6108 Investigation of applicants by Department of |
| 242 | Agriculture and Consumer Services.- |
| 243 | (1) Except as otherwise provided, prior to the issuance of |
| 244 | a license under this chapter, the department shall make an |
| 245 | investigation of the applicant for a license. The investigation |
| 246 | shall include: |
| 247 | (a)1. An examination of fingerprint records and police |
| 248 | records. When a criminal history analysis of any applicant under |
| 249 | this chapter is performed by means of fingerprint card |
| 250 | identification, the time limitations prescribed by s. 120.60(1) |
| 251 | shall be tolled during the time the applicant's fingerprint card |
| 252 | is under review by the Department of Law Enforcement or the |
| 253 | United States Department of Justice, Federal Bureau of |
| 254 | Investigation. |
| 255 | 2. If a legible set of fingerprints, as determined by the |
| 256 | Department of Law Enforcement or the Federal Bureau of |
| 257 | Investigation, cannot be obtained after two attempts, the |
| 258 | Department of Agriculture and Consumer Services may determine |
| 259 | the applicant's eligibility based upon a criminal history record |
| 260 | check under the applicant's name conducted by the Department of |
| 261 | Law Enforcement if the and the Federal Bureau of Investigation. |
| 262 | A set of fingerprints are taken by a law enforcement agency or |
| 263 | the department and the applicant submits a written statement |
| 264 | signed by the fingerprint technician or a licensed physician |
| 265 | stating that there is a physical condition that precludes |
| 266 | obtaining a legible set of fingerprints or that the fingerprints |
| 267 | taken are the best that can be obtained is sufficient to meet |
| 268 | this requirement. |
| 269 | (3) The department shall also investigate the mental |
| 270 | history and current mental and emotional fitness of any Class |
| 271 | "G" or Class "K" applicant, and may deny a Class "G" or Class |
| 272 | "K" license to anyone who has a history of mental illness or |
| 273 | drug or alcohol abuse. |
| 274 | Section 5. Subsections (2) and (4) of section 493.6111, |
| 275 | Florida Statutes, is amended to read: |
| 276 | 493.6111 License; contents; identification card.- |
| 277 | (2) Licenses shall be valid for a period of 2 years, |
| 278 | except for Class "A," Class "B," Class "AB," Class "K," Class |
| 279 | "R," and branch agency licenses, which shall be valid for a |
| 280 | period of 3 years. |
| 281 | (4) Notwithstanding the existence of a valid Florida |
| 282 | corporate registration, an no agency or school licensee may not |
| 283 | conduct activities regulated under this chapter under any |
| 284 | fictitious name without prior written authorization from the |
| 285 | department to use that name in the conduct of activities |
| 286 | regulated under this chapter. The department may not authorize |
| 287 | the use of a name which is so similar to that of a public |
| 288 | officer or agency, or of that used by another licensee, that the |
| 289 | public may be confused or misled thereby. The authorization for |
| 290 | the use of a fictitious name shall require, as a condition |
| 291 | precedent to the use of such name, the filing of a certificate |
| 292 | of engaging in business under a fictitious name under s. 865.09. |
| 293 | A No licensee may not shall be permitted to conduct business |
| 294 | under more than one fictitious name except as separately |
| 295 | licensed nor shall the license be valid to protect any licensee |
| 296 | who is engaged in the business under any name other than that |
| 297 | specified in the license. An agency desiring to change its |
| 298 | licensed name shall notify the department and, except upon |
| 299 | renewal, pay a fee not to exceed $30 for each license requiring |
| 300 | revision including those of all licensed employees except Class |
| 301 | "D" or Class "G" licensees. Upon the return of such licenses to |
| 302 | the department, revised licenses shall be provided. |
| 303 | Section 6. Subsection (2) and paragraph (a) of subsection |
| 304 | (3) of section 493.6113, Florida Statutes, are amended, and |
| 305 | paragraph (d) is added to subsection (3) of that section, to |
| 306 | read: |
| 307 | 493.6113 Renewal application for licensure.- |
| 308 | (2) At least No less than 90 days before prior to the |
| 309 | expiration date of the license, the department shall mail a |
| 310 | written notice to the last known mailing residence address of |
| 311 | the licensee for individual licensees and to the last known |
| 312 | agency address for agencies. |
| 313 | (3) Each licensee shall be responsible for renewing his or |
| 314 | her license on or before its expiration by filing with the |
| 315 | department an application for renewal accompanied by payment of |
| 316 | the prescribed license fee. |
| 317 | (a) Each Class "B" Class "A," Class "B," or Class "R" |
| 318 | licensee shall additionally submit on a form prescribed by the |
| 319 | department a certification of insurance which evidences that the |
| 320 | licensee maintains coverage as required under s. 493.6110. |
| 321 | (d) Each Class "K" licensee shall additionally submit one |
| 322 | of the certificates specified under s. 493.6105(6) as proof that |
| 323 | he or she remains certified to provide firearms instruction. |
| 324 | Section 7. Subsection (8), paragraph (d) of subsection |
| 325 | (12), and subsection (16) of section 493.6115, Florida Statutes, |
| 326 | are amended to read: |
| 327 | 493.6115 Weapons and firearms.- |
| 328 | (8) A Class "G" applicant must satisfy the minimum |
| 329 | training criteria as set forth in s. 493.6105(5)(6) and as |
| 330 | established by rule of the department. |
| 331 | (12) The department may issue a temporary Class "G" |
| 332 | license, on a case-by-case basis, if: |
| 333 | (d) The applicant has received approval from the |
| 334 | department subsequent to its conduct of a criminal history |
| 335 | record check as authorized in s. 493.6108(1)(a)1. 493.6121(6). |
| 336 | (16) If the criminal history record check program |
| 337 | referenced in s. 493.6108(1)(a)1. 493.6121(6) is inoperable, the |
| 338 | department may issue a temporary "G" license on a case-by-case |
| 339 | basis, provided that the applicant has met all statutory |
| 340 | requirements for the issuance of a temporary "G" license as |
| 341 | specified in subsection (12), excepting the criminal history |
| 342 | record check stipulated there; provided, that the department |
| 343 | requires that the licensed employer of the applicant conduct a |
| 344 | criminal history record check of the applicant pursuant to |
| 345 | standards set forth in rule by the department, and provide to |
| 346 | the department an affidavit containing such information and |
| 347 | statements as required by the department, including a statement |
| 348 | that the criminal history record check did not indicate the |
| 349 | existence of any criminal history that would prohibit licensure. |
| 350 | Failure to properly conduct such a check, or knowingly providing |
| 351 | incorrect or misleading information or statements in the |
| 352 | affidavit shall constitute grounds for disciplinary action |
| 353 | against the licensed agency, including revocation of license. |
| 354 | Section 8. Paragraph (u) of subsection (1) of section |
| 355 | 493.6118, Florida Statutes, is redesignated as paragraph (v), |
| 356 | and a new paragraph (u) is added to that subsection to read: |
| 357 | 493.6118 Grounds for disciplinary action.- |
| 358 | (1) The following constitute grounds for which |
| 359 | disciplinary action specified in subsection (2) may be taken by |
| 360 | the department against any licensee, agency, or applicant |
| 361 | regulated by this chapter, or any unlicensed person engaged in |
| 362 | activities regulated under this chapter. |
| 363 | (u) For a Class "G" or a Class "K" applicant or licensee, |
| 364 | being prohibited from purchasing or possessing a firearm by |
| 365 | state or federal law. |
| 366 | Section 9. Subsections (7) and (8) of section 493.6121, |
| 367 | Florida Statutes, are renumbered as subsections (6) and (7), |
| 368 | respectively, and present subsection (6) of that section is |
| 369 | amended, to read: |
| 370 | 493.6121 Enforcement; investigation.- |
| 371 | (6) The department shall be provided access to the program |
| 372 | that is operated by the Department of Law Enforcement, pursuant |
| 373 | to s. 790.065, for providing criminal history record information |
| 374 | to licensed gun dealers, manufacturers, and exporters. The |
| 375 | department may make inquiries, and shall receive responses in |
| 376 | the same fashion as provided under s. 790.065. The department |
| 377 | shall be responsible for payment to the Department of Law |
| 378 | Enforcement of the same fees as charged to others afforded |
| 379 | access to the program. |
| 380 | Section 10. Subsection (3) of section 493.6202, Florida |
| 381 | Statutes, is amended to read: |
| 382 | 493.6202 Fees.- |
| 383 | (3) The fees set forth in this section must be paid by |
| 384 | certified check or money order or, at the discretion of the |
| 385 | department, by electronic funds transfer agency check at the |
| 386 | time the application is approved, except that the applicant for |
| 387 | a Class "G," Class "C," Class "CC," Class "M," or Class "MA" |
| 388 | license must pay the license fee at the time the application is |
| 389 | made. If a license is revoked or denied or if the application is |
| 390 | withdrawn, the license fee shall not be refunded. |
| 391 | Section 11. Subsections (2), (4), and (6) of section |
| 392 | 493.6203, Florida Statutes, are amended to read: |
| 393 | 493.6203 License requirements.-In addition to the license |
| 394 | requirements set forth elsewhere in this chapter, each |
| 395 | individual or agency shall comply with the following additional |
| 396 | requirements: |
| 397 | (2) An applicant for a Class "MA" license shall have 2 |
| 398 | years of lawfully gained, verifiable, full-time experience, or |
| 399 | training in: |
| 400 | (a) Private investigative work or related fields of work |
| 401 | that provided equivalent experience or training; |
| 402 | (b) Work as a Class "CC" licensed intern; |
| 403 | (c) Any combination of paragraphs (a) and (b); |
| 404 | (d) Experience described in paragraph (a) for 1 year and |
| 405 | experience described in paragraph (e) for 1 year; |
| 406 | (e) No more than 1 year using: |
| 407 | 1. College coursework related to criminal justice, |
| 408 | criminology, or law enforcement administration; or |
| 409 | 2. Successfully completed law enforcement-related training |
| 410 | received from any federal, state, county, or municipal agency; |
| 411 | or |
| 412 | (f) Experience described in paragraph (a) for 1 year and |
| 413 | work in a managerial or supervisory capacity for 1 year. |
| 414 |
|
| 415 | However, experience in performing bodyguard services is not |
| 416 | creditable toward the requirements of this subsection. |
| 417 | (4) An applicant for a Class "C" license shall have 2 |
| 418 | years of lawfully gained, verifiable, full-time experience, or |
| 419 | training in one, or a combination of more than one, of the |
| 420 | following: |
| 421 | (a) Private investigative work or related fields of work |
| 422 | that provided equivalent experience or training. |
| 423 | (b) College coursework related to criminal justice, |
| 424 | criminology, or law enforcement administration, or successful |
| 425 | completion of any law enforcement-related training received from |
| 426 | any federal, state, county, or municipal agency, except that no |
| 427 | more than 1 year may be used from this category. |
| 428 | (c) Work as a Class "CC" licensed intern. |
| 429 |
|
| 430 | However, experience in performing bodyguard services is not |
| 431 | creditable toward the requirements of this subsection. |
| 432 | (6)(a) A Class "CC" licensee shall serve an internship |
| 433 | under the direction and control of a designated sponsor, who is |
| 434 | a Class "C," Class "MA," or Class "M" licensee. |
| 435 | (b) Effective January 1, 2012 September 1, 2008, before |
| 436 | submission of an application to the department, the an applicant |
| 437 | for a Class "CC" license must have completed a minimum of 40 at |
| 438 | least 24 hours of professional training a 40-hour course |
| 439 | pertaining to general investigative techniques and this chapter, |
| 440 | which course is offered by a state university or by a school, |
| 441 | community college, college, or university under the purview of |
| 442 | the Department of Education, and the applicant must pass an |
| 443 | examination. The training must be provided in two parts, one 24- |
| 444 | hour course and one 16-hour course. The certificate evidencing |
| 445 | satisfactory completion of the 40 at least 24 hours of |
| 446 | professional training a 40-hour course must be submitted with |
| 447 | the application for a Class "CC" license. The remaining 16 hours |
| 448 | must be completed and an examination passed within 180 days. If |
| 449 | documentation of completion of the required training is not |
| 450 | submitted within the specified timeframe, the individual's |
| 451 | license is automatically suspended or his or her authority to |
| 452 | work as a Class "CC" pursuant to s. 493.6105(9) is rescinded |
| 453 | until such time as proof of certificate of completion is |
| 454 | provided to the department. The training course specified in |
| 455 | this paragraph may be provided by face-to-face presentation, |
| 456 | online technology, or a home study course in accordance with |
| 457 | rules and procedures of the Department of Education. The |
| 458 | administrator of the examination must verify the identity of |
| 459 | each applicant taking the examination. |
| 460 | (c) An individual who submits an application for a Class |
| 461 | "CC" license on or after September 1, 2008, through December 31, |
| 462 | 2011, who has not completed the 16-hour course must submit proof |
| 463 | of successful completion of the course within 180 days after the |
| 464 | date the application is submitted. If documentation of |
| 465 | completion of the required training is not submitted by that |
| 466 | date, the individual's license is automatically suspended until |
| 467 | proof of the required training is submitted to the department. |
| 468 | An individual licensed on or before August 31, 2008, is not |
| 469 | required to complete additional training hours in order to renew |
| 470 | an active license beyond the required total amount of training, |
| 471 | and within the timeframe, in effect at the time he or she was |
| 472 | licensed. |
| 473 | 1. Upon an applicant's successful completion of each part |
| 474 | of the approved training course and passage of any required |
| 475 | examination, the school, community college, college, or |
| 476 | university shall issue a certificate of completion to the |
| 477 | applicant. The certificates must be on a form established by |
| 478 | rule of the department. |
| 479 | 2. The department shall establish by rule the general |
| 480 | content of the professional training course and the examination |
| 481 | criteria. |
| 482 | 3. If the license of an applicant for relicensure is has |
| 483 | been invalid for more than 1 year, the applicant must complete |
| 484 | the required training and pass any required examination. |
| 485 | Section 12. Subsection (3) of section 493.6302, Florida |
| 486 | Statutes, is amended to read: |
| 487 | 493.6302 Fees.- |
| 488 | (3) The fees set forth in this section must be paid by |
| 489 | certified check or money order or, at the discretion of the |
| 490 | department, by electronic funds transfer agency check at the |
| 491 | time the application is approved, except that the applicant for |
| 492 | a Class "D," Class "G," Class "M," or Class "MB" license must |
| 493 | pay the license fee at the time the application is made. If a |
| 494 | license is revoked or denied or if the application is withdrawn, |
| 495 | the license fee shall not be refunded. |
| 496 | Section 13. Subsection (4) of section 493.6303, Florida |
| 497 | Statutes, is amended to read: |
| 498 | 493.6303 License requirements.-In addition to the license |
| 499 | requirements set forth elsewhere in this chapter, each |
| 500 | individual or agency shall comply with the following additional |
| 501 | requirements: |
| 502 | (4)(a) Effective January 1, 2012, an applicant for a Class |
| 503 | "D" license must submit proof of successful completion of |
| 504 | complete a minimum of 40 hours of professional training at a |
| 505 | school or training facility licensed by the department. The |
| 506 | training must be provided in two parts, one 24-hour course and |
| 507 | one 16-hour course. The department shall by rule establish the |
| 508 | general content and number of hours of each subject area to be |
| 509 | taught. |
| 510 | (b) An individual who submits an application for a Class |
| 511 | "D" license on or after January 1, 2007, through December 31, |
| 512 | 2011, who has not completed the 16-hour course must submit proof |
| 513 | of successful completion of the course within 180 days after the |
| 514 | date the application is submitted. If documentation of |
| 515 | completion of the required training is not submitted by that |
| 516 | date, the individual's license is automatically suspended until |
| 517 | proof of the required training is submitted to the department. |
| 518 | This section does not require a person licensed before January |
| 519 | 1, 2007, to complete additional training hours in order to renew |
| 520 | an active license beyond the required total amount of training |
| 521 | within the timeframe prescribed by law at the time he or she was |
| 522 | licensed. An applicant may fulfill the training requirement |
| 523 | prescribed in paragraph (a) by submitting proof of: |
| 524 | 1. Successful completion of the total number of required |
| 525 | hours of training before initial application for a Class "D" |
| 526 | license; or |
| 527 | 2. Successful completion of 24 hours of training before |
| 528 | initial application for a Class "D" license and successful |
| 529 | completion of the remaining 16 hours of training within 180 days |
| 530 | after the date that the application is submitted. If |
| 531 | documentation of completion of the required training is not |
| 532 | submitted within the specified timeframe, the individual's |
| 533 | license is automatically suspended until such time as proof of |
| 534 | the required training is provided to the department. |
| 535 | (c) An individual However, any person whose license is |
| 536 | suspended or has been revoked, suspended pursuant to paragraph |
| 537 | (b) subparagraph 2., or is expired for at least 1 year, or |
| 538 | longer is considered, upon reapplication for a license, an |
| 539 | initial applicant and must submit proof of successful completion |
| 540 | of 40 hours of professional training at a school or training |
| 541 | facility licensed by the department as provided prescribed in |
| 542 | paragraph (a) before a license is will be issued. Any person |
| 543 | whose license was issued before January 1, 2007, and whose |
| 544 | license has been expired for less than 1 year must, upon |
| 545 | reapplication for a license, submit documentation of completion |
| 546 | of the total number of hours of training prescribed by law at |
| 547 | the time her or his initial license was issued before another |
| 548 | license will be issued. This subsection does not require an |
| 549 | individual licensed before January 1, 2007, to complete |
| 550 | additional training hours in order to renew an active license, |
| 551 | beyond the required total amount of training within the |
| 552 | timeframe prescribed by law at the time she or he was licensed. |
| 553 | Section 14. Subsection (2) of section 493.6304, Florida |
| 554 | Statutes, is amended to read: |
| 555 | 493.6304 Security officer school or training facility.- |
| 556 | (2) The application shall be signed and verified by the |
| 557 | applicant under oath as provided in s. 92.525 notarized and |
| 558 | shall contain, at a minimum, the following information: |
| 559 | (a) The name and address of the school or training |
| 560 | facility and, if the applicant is an individual, her or his |
| 561 | name, address, and social security or alien registration number. |
| 562 | (b) The street address of the place at which the training |
| 563 | is to be conducted. |
| 564 | (c) A copy of the training curriculum and final |
| 565 | examination to be administered. |
| 566 | Section 15. Subsections (2) and (4) of section 501.145, |
| 567 | Florida Statutes, are amended to read: |
| 568 | 501.145 Bedding Label Act.- |
| 569 | (2) DEFINITIONS.-As used in For the purpose of this |
| 570 | section, the term: |
| 571 | (a) "bedding" means any mattress, box spring, pillow, or |
| 572 | cushion made of leather or any other material which is or can be |
| 573 | stuffed or filled in whole or in part with any substance or |
| 574 | material, which can be used by any human being for sleeping or |
| 575 | reclining purposes. |
| 576 | (b) "Department" means the Department of Agriculture and |
| 577 | Consumer Services. |
| 578 | (c) "Enforcing authority" means the Department of |
| 579 | Agriculture and Consumer Services or the Department of Legal |
| 580 | Affairs. |
| 581 | (4) PENALTIES.-The Department of Legal Affairs enforcing |
| 582 | authority may bring an action for injunctive relief against any |
| 583 | person who violates the provisions of this section. Any person |
| 584 | who knowingly sells bedding which contains used material that is |
| 585 | not labeled in accordance with this section commits a |
| 586 | misdemeanor of the second degree, punishable as provided in s. |
| 587 | 775.082 or s. 775.083. |
| 588 | Section 16. Subsection (2) of section 525.01, Florida |
| 589 | Statutes, is amended to read: |
| 590 | 525.01 Gasoline and oil to be inspected.- |
| 591 | (2) All petroleum fuels are shall be subject to inspection |
| 592 | and analysis by the department. Before selling or offering for |
| 593 | sale in this state any petroleum fuel, all manufacturers, |
| 594 | terminal suppliers, wholesalers, and importers as defined in s. |
| 595 | 206.01 jobbers shall file with the department: |
| 596 | (a) An affidavit stating that they desire to do business |
| 597 | in this state, and the name and address of the manufacturer of |
| 598 | the petroleum fuel. |
| 599 | (b) An affidavit stating that the petroleum fuel is in |
| 600 | conformity with the standards prescribed by department rule. |
| 601 | Section 17. Section 526.06, Florida Statutes, is amended |
| 602 | to read: |
| 603 | 526.06 Mixing, blending, compounding, or adulteration of |
| 604 | liquid fuels of same manufacturer prohibited; sale of gasoline |
| 605 | blended with ethanol.-A It is unlawful for any person may not to |
| 606 | mix, blend, compound, or adulterate the liquid fuel, lubricating |
| 607 | oil, grease, or similar product of a manufacturer or distributor |
| 608 | with a liquid fuel, lubricating oil, grease, or similar product |
| 609 | of the same manufacturer or distributor of a character or nature |
| 610 | different from the character or nature of the liquid fuel, |
| 611 | lubricating oil, grease, or similar product so mixed, blended, |
| 612 | compounded, or adulterated, and expose for sale, offer for sale, |
| 613 | or sell the same as the unadulterated product of such |
| 614 | manufacturer or distributor or as the unadulterated product of |
| 615 | any other manufacturer or distributor. However, nothing in this |
| 616 | chapter does not shall be construed to prevent the lawful owner |
| 617 | of such products from applying his, her, or its own trademark, |
| 618 | trade name, or symbol to any product or material. Ethanol- |
| 619 | blended fuels which contain unleaded gasoline and up to 10 |
| 620 | percent denatured ethanol by volume may be sold at retail |
| 621 | service stations for use in motor vehicles. To provide retail |
| 622 | service stations flexibility during the transition period to |
| 623 | ethanol-blended fuels, the T50 and TV/L specifications for |
| 624 | gasoline containing between 9 and 10 percent ethanol shall be |
| 625 | applied to all gasoline containing between 1 and 10 percent |
| 626 | ethanol by volume provided the last three or fewer deliveries |
| 627 | contained between 9 and 10 percent ethanol by volume. If there |
| 628 | is no reasonable availability of ethanol or the price of ethanol |
| 629 | exceeds the price of gasoline, the T50 and TV/L specifications |
| 630 | for gasoline containing between 9 and 10 percent ethanol shall |
| 631 | be applicable for gasoline containing between 1 and 10 percent |
| 632 | ethanol for up to three deliveries of fuel. |
| 633 | Section 18. Paragraph (b) of subsection (1) of section |
| 634 | 526.203, Florida Statutes, is amended to read: |
| 635 | 526.203 Renewable fuel standard.- |
| 636 | (1) DEFINITIONS.-As used in this act: |
| 637 | (b) "Blended gasoline" means a mixture of 90 to 91 percent |
| 638 | or less gasoline and 9 to 10 percent or more fuel ethanol, by |
| 639 | volume, that meets the specifications as adopted by the |
| 640 | department. The fuel ethanol portion may be derived from any |
| 641 | agricultural source. |
| 642 | Section 19. This act shall take effect July 1, 2011. |