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. |