Florida Senate - 2017                                     SB 498
       
       
        
       By Senator Young
       
       18-00242A-17                                           2017498__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; amending s. 288.1175, F.S.;
    4         specifying that applications for funding for certain
    5         agriculture education and promotion facilities be
    6         postmarked or electronically submitted by a certain
    7         date; amending s. 487.2041, F.S.; requiring the
    8         department to adopt by rule certain United States
    9         Environmental Protection Agency regulations relating
   10         to labeling requirements for pesticides and devices;
   11         amending s. 493.6101, F.S.; specifying that a manager
   12         of a private investigative agency may manage multiple
   13         offices; amending s. 493.6105, F.S.; exempting certain
   14         partners and corporate officers from fingerprint
   15         retention requirements; revising the submission
   16         requirements for applications for Class “K” licenses;
   17         amending s. 493.6107, F.S.; deleting a specification
   18         that license fees are biennial; amending s. 493.6108,
   19         F.S.; providing an authorization to the Department of
   20         Law Enforcement to release certain mental health and
   21         substance abuse history of applicants and licensees
   22         for the purpose of determining licensure eligibility;
   23         requiring licensees to notify their employer of an
   24         arrest within a specified period; amending s.
   25         493.6112, F.S.; revising the notification requirements
   26         for changes of certain partners, officers, and
   27         employees of private investigative, security, and
   28         recovery agencies; amending s. 493.6113, F.S.;
   29         specifying that Class “G” licensees must complete
   30         requalification training for each type and caliber of
   31         firearm carried in the course of performing regulated
   32         duties; conforming terminology; amending s. 493.6115,
   33         F.S.; correcting a cross-reference regarding the
   34         conditions under which a Class “G” licensee may carry
   35         a concealed weapon; revising the conditions under
   36         which the department may issue a temporary Class “G”
   37         license; amending s. 493.6118, F.S.; providing that
   38         failure of a licensee to timely notify his or her
   39         employer of an arrest is grounds for disciplinary
   40         action by the Department of Agriculture and Consumer
   41         Services; requiring the department to suspend
   42         specified licenses of licensees arrested or formally
   43         charged with certain crimes until disposition of their
   44         cases; amending s. 493.6202, F.S.; deleting a
   45         specification that license fees are biennial; amending
   46         s. 493.6203, F.S.; deleting a requirement that certain
   47         training be provided in two parts; deleting obsolete
   48         provisions; amending s. 493.6302, F.S.; deleting a
   49         specification that license fees are biennial; amending
   50         s. 493.6303, F.S.; deleting a requirement that certain
   51         training must be provided in two parts; deleting
   52         obsolete provisions; making technical changes;
   53         amending s. 493.6304, F.S.; making technical changes;
   54         amending s. 493.6402, F.S.; deleting a specification
   55         that license fees are biennial; amending s. 493.6403,
   56         F.S.; requiring that applicants for Class “E” and “EE”
   57         licenses submit proof of successful completion of
   58         certain training, not just complete such training;
   59         deleting an obsolete provision; amending s. 501.059,
   60         F.S.; removing a limitation on the length of time for
   61         which the department must place certain persons on a
   62         no-solicitation list; amending s. 507.04, F.S.; making
   63         a technical change; amending s. 534.021, F.S.;
   64         specifying that a detailed drawing, rather than a
   65         facsimile, must accompany an application for the
   66         recording of certain marks and brands; amending s.
   67         534.041, F.S.; extending the renewal period for
   68         certain mark or brand certificates; eliminating a
   69         renewal fee; repealing s. 534.061, F.S., relating to
   70         the transfer of ownership of cattle; amending s.
   71         573.118, F.S.; specifying that the Division of Fruit
   72         and Vegetables, rather than the Division of Marketing
   73         and Development, must file a specified certification;
   74         amending s. 590.02, F.S.; specifying that the
   75         department has exclusive authority to enforce the
   76         Florida Building Code as it relates to Florida Forest
   77         Service facilities under the jurisdiction of the
   78         department; amending s. 597.004, F.S.; authorizing
   79         licensed dealers, rather than certified aquaculture
   80         producers, to sell certain aquaculture products
   81         without restriction under a specified circumstance;
   82         amending s. 604.16, F.S.; specifying that dealers in
   83         agricultural products who pay by credit card are
   84         exempt from certain dealer requirements; providing an
   85         effective date.
   86          
   87  Be It Enacted by the Legislature of the State of Florida:
   88  
   89         Section 1. Subsection (8) of section 288.1175, Florida
   90  Statutes, is amended to read:
   91         288.1175 Agriculture education and promotion facility.—
   92         (8) Applications must be postmarked or electronically
   93  submitted by October 1 of each year. The Department of
   94  Agriculture and Consumer Services may not recommend funding for
   95  less than the requested amount to any applicant certified as an
   96  agriculture education and promotion facility; however, funding
   97  of certified applicants shall be subject to the amount provided
   98  by the Legislature in the General Appropriations Act for this
   99  program.
  100         Section 2. Section 487.2041, Florida Statutes, is amended
  101  to read:
  102         487.2041 Enforcement of federal worker protection
  103  regulations.—The department shall, to the extent that resources
  104  are available, continue to operate under the United States
  105  Environmental Protection Agency regulations regarding the
  106  Labeling Requirement for Pesticides and Devices, 40 C.F.R. part
  107  156, and the Worker Protection Standard, 40 C.F.R. part 170,
  108  which the department shall adopt adopted by rule during the
  109  1995-1996 fiscal year and published in the Florida
  110  Administrative Code. Any provision of this part not preempted by
  111  federal law shall continue to apply.
  112         Section 3. Subsection (13) of section 493.6101, Florida
  113  Statutes, is amended to read:
  114         493.6101 Definitions.—
  115         (13) “Manager” means any licensee who directs the
  116  activities of licensees at any agency or branch office. The
  117  manager shall be assigned to and shall primarily operate from
  118  the agency or branch office location for which he or she has
  119  been designated as manager. The manager of a private
  120  investigative agency may, however, manage multiple private
  121  investigative agencies and branch offices.
  122         Section 4. Paragraph (j) of subsection (3) and paragraph
  123  (a) of subsection (6) of section 493.6105, Florida Statutes, are
  124  amended to read:
  125         493.6105 Initial application for license.—
  126         (3) The application must contain the following information
  127  concerning the individual signing the application:
  128         (j) A full set of fingerprints, a fingerprint processing
  129  fee, and a fingerprint retention fee. The fingerprint processing
  130  and retention fees shall be established by rule of the
  131  department based upon costs determined by state and federal
  132  agency charges and department processing costs, which must
  133  include the cost of retaining the fingerprints in the statewide
  134  automated biometric identification system established in s.
  135  943.05(2)(b) and the cost of enrolling the fingerprints in the
  136  national retained print arrest notification program as required
  137  under s. 493.6108. An applicant who has, within the immediately
  138  preceding 6 months, submitted such fingerprints and fees for
  139  licensing purposes under this chapter and who still holds a
  140  valid license is not required to submit another set of
  141  fingerprints or another fingerprint processing fee. An applicant
  142  who holds multiple licenses issued under this chapter is
  143  required to pay only a single fingerprint retention fee.
  144  Partners and corporate officers who do not possess licenses
  145  subject to renewal under s. 493.6113 are exempt from the
  146  fingerprint retention requirements of this chapter.
  147         (6) In addition to the requirements under subsection (3),
  148  an applicant for a Class “K” license must:
  149         (a) Submit one of the following:
  150         1. The Florida Criminal Justice Standards and Training
  151  Commission Instructor Certificate and written confirmation by
  152  the commission that the applicant possesses an active firearms
  153  certification.
  154         2. A valid The National Rifle Association Private Security
  155  Firearm Instructor Certificate issued not more than 3 years
  156  before the submission of the applicant’s Class “K” application.
  157         3. A valid firearms instructor certificate issued by a
  158  federal law enforcement agency issued not more than 3 years
  159  before the submission of the applicant’s Class “K” application.
  160         Section 5. Subsection (1) of section 493.6107, Florida
  161  Statutes, is amended to read:
  162         493.6107 Fees.—
  163         (1) The department shall establish by rule examination and
  164  biennial license fees which shall not to exceed the following:
  165         (a) Class “M” license—manager Class “AB” agency: $75.
  166         (b) Class “G” license—statewide firearm license: $150.
  167         (c) Class “K” license—firearms instructor: $100.
  168         (d) Fee for the examination for firearms instructor: $75.
  169         Section 6. Paragraph (b) of subsection (1) and subsection
  170  (5) of section 493.6108, Florida Statutes, are amended to read:
  171         493.6108 Investigation of applicants by Department of
  172  Agriculture and Consumer Services.—
  173         (1) Except as otherwise provided, the department must
  174  investigate an applicant for a license under this chapter before
  175  it may issue the license. The investigation must include:
  176         (b) An inquiry to determine if the applicant has been
  177  adjudicated incompetent under chapter 744 or has been committed
  178  to a mental institution under chapter 394. Notwithstanding s.
  179  790.065(2)(a)4.f., the Department of Law Enforcement is
  180  authorized, for the limited purposes of determining the
  181  eligibility of applicants and licensees under this chapter, to
  182  provide the department with mental health and substance abuse
  183  data of individuals who are prohibited from purchasing a
  184  firearm.
  185         (5) A person licensed under this chapter must notify his or
  186  her employer within 3 calendar days if he or she is arrested for
  187  any offense. If the department receives information about an
  188  arrest within the state of a person who holds a valid license
  189  issued under this chapter for a crime that could potentially
  190  disqualify the person from holding such a license, the
  191  department must provide the arrest information to the agency
  192  that employs the licensee.
  193         Section 7. Section 493.6112, Florida Statutes, is amended
  194  to read:
  195         493.6112 Notification to Department of Agriculture and
  196  Consumer Services of changes of partner or officer or
  197  employees.—
  198         (1) After filing the application, unless the department
  199  declines to issue the license or revokes it after issuance, an
  200  agency or school shall, within 5 working days of the withdrawal,
  201  removal, replacement, or addition of any or all partners or
  202  officers, notify and file with the department complete
  203  applications for such individuals. The agency’s or school’s good
  204  standing under this chapter shall be contingent upon the
  205  department’s approval of any new partner or officer.
  206         (2) Each agency or school shall, upon the employment or
  207  termination of employment of a licensee, report such employment
  208  or termination within 15 calendar days immediately to the
  209  department and, in the case of a termination, report the reason
  210  or reasons therefor. The report shall be submitted
  211  electronically in a manner on a form prescribed by the
  212  department.
  213         Section 8. Paragraph (b) of subsection (3) of section
  214  493.6113, Florida Statutes, is amended to read:
  215         493.6113 Renewal application for licensure.—
  216         (3) Each licensee is responsible for renewing his or her
  217  license on or before its expiration by filing with the
  218  department an application for renewal accompanied by payment of
  219  the renewal fee and the fingerprint retention fee to cover the
  220  cost of ongoing retention in the statewide automated biometric
  221  identification system established in s. 943.05(2)(b). Upon the
  222  first renewal of a license issued under this chapter before
  223  January 1, 2017, the licensee shall submit a full set of
  224  fingerprints and fingerprint processing fees to cover the cost
  225  of entering the fingerprints into the statewide automated
  226  biometric identification system pursuant to s. 493.6108(4)(a)
  227  and the cost of enrollment in the Federal Bureau of
  228  Investigation’s national retained print arrest notification
  229  program. Subsequent renewals may be completed without submission
  230  of a new set of fingerprints.
  231         (b) Each Class “G” licensee shall additionally submit proof
  232  that he or she has received during each year of the license
  233  period a minimum of 4 hours of firearms requalification
  234  recertification training taught by a Class “K” licensee and has
  235  complied with such other health and training requirements that
  236  the department shall adopt by rule. Proof of completion of
  237  firearms requalification recertification training shall be
  238  submitted to the department upon completion of the training. A
  239  Class “G” licensee must successfully complete this
  240  requalification training for each type and caliber of firearm
  241  carried in the course of performing his or her regulated duties.
  242  If the licensee fails to complete the required 4 hours of annual
  243  training during the first year of the 2-year term of the
  244  license, the license shall be automatically suspended. The
  245  licensee must complete the minimum number of hours of range and
  246  classroom training required at the time of initial licensure and
  247  submit proof of completion of such training to the department
  248  before the license may be reinstated. If the licensee fails to
  249  complete the required 4 hours of annual training during the
  250  second year of the 2-year term of the license, the licensee must
  251  complete the minimum number of hours of range and classroom
  252  training required at the time of initial licensure and submit
  253  proof of completion of such training to the department before
  254  the license may be renewed. The department may waive the
  255  firearms training requirement if:
  256         1. The applicant provides proof that he or she is currently
  257  certified as a law enforcement officer or correctional officer
  258  under the Criminal Justice Standards and Training Commission and
  259  has completed law enforcement firearms requalification training
  260  annually during the previous 2 years of the licensure period;
  261         2. The applicant provides proof that he or she is currently
  262  certified as a federal law enforcement officer and has received
  263  law enforcement firearms training administered by a federal law
  264  enforcement agency annually during the previous 2 years of the
  265  licensure period; or
  266         3. The applicant submits a valid firearm certificate among
  267  those specified in s. 493.6105(6)(a) and provides proof of
  268  having completed requalification training during the previous 2
  269  years of the licensure period.
  270         Section 9. Subsection (4) of section 493.6115, Florida
  271  Statutes, is amended, present paragraphs (b), (c), and (d) of
  272  subsection (12) of that section are redesignated as paragraphs
  273  (c), (d), and (e), respectively, and a new paragraph (b) is
  274  added to that subsection, to read:
  275         493.6115 Weapons and firearms.—
  276         (4) A Class “C” or Class “CC” licensee who is 21 years of
  277  age or older and who has also been issued a Class “G” license
  278  may carry, in the performance of her or his duties, a concealed
  279  firearm. A Class “D” licensee who is 21 years of age or older
  280  and who has also been issued a Class “G” license may carry a
  281  concealed firearm in the performance of her or his duties under
  282  the conditions specified in s. 493.6305(3) and (4) 493.6305(2).
  283  The Class “G” license must shall clearly indicate such
  284  authority. The authority of any such licensee to carry a
  285  concealed firearm is shall be valid in any location throughout
  286  the state, in any location, while performing services within the
  287  scope of the license.
  288         (12) The department may issue a temporary Class “G”
  289  license, on a case-by-case basis, if:
  290         (b) The department has reviewed the mental health and
  291  substance abuse data provided by the Department of Law
  292  Enforcement as authorized in s. 493.6108(1)(b) and has
  293  determined the applicant is not prohibited from licensure based
  294  upon this data.
  295         Section 10. Subsection (1) of section 493.6118, Florida
  296  Statutes, is amended, and subsections (8) and (9) are added to
  297  that section, to read:
  298         493.6118 Grounds for disciplinary action.—
  299         (1) The following constitute grounds for which disciplinary
  300  action specified in subsection (2) may be taken by the
  301  department against any licensee, agency, or applicant regulated
  302  by this chapter, or any unlicensed person engaged in activities
  303  regulated under this chapter:.
  304         (a) Fraud or willful misrepresentation in applying for or
  305  obtaining a license.
  306         (b) Use of any fictitious or assumed name by an agency
  307  unless the agency has department approval and qualifies under s.
  308  865.09.
  309         (c) Being found guilty of or entering a plea of guilty or
  310  nolo contendere to, regardless of adjudication, or being
  311  convicted of a crime that directly relates to the business for
  312  which the license is held or sought. A plea of nolo contendere
  313  shall create a rebuttable presumption of guilt to the underlying
  314  criminal charges, and the department shall allow the individual
  315  being disciplined or denied an application for a license to
  316  present any mitigating circumstances surrounding his or her
  317  plea.
  318         (d) A false statement by the licensee that any individual
  319  is or has been in his or her employ.
  320         (e) A finding that the licensee or any employee is guilty
  321  of willful betrayal of a professional secret or any unauthorized
  322  release of information acquired as a result of activities
  323  regulated under this chapter.
  324         (f) Proof that the applicant or licensee is guilty of fraud
  325  or deceit, or of negligence, incompetency, or misconduct, in the
  326  practice of the activities regulated under this chapter.
  327         (g) Conducting activities regulated under this chapter
  328  without a license or with a revoked or suspended license.
  329         (h) Failure of the licensee to maintain in full force and
  330  effect the commercial general liability insurance coverage
  331  required by s. 493.6110.
  332         (i) Impersonating, or permitting or aiding and abetting an
  333  employee to impersonate, a law enforcement officer or an
  334  employee of the state, the United States, or any political
  335  subdivision thereof by identifying himself or herself as a
  336  federal, state, county, or municipal law enforcement officer or
  337  official representative, by wearing a uniform or presenting or
  338  displaying a badge or credentials that would cause a reasonable
  339  person to believe that he or she is a law enforcement officer or
  340  that he or she has official authority, by displaying any
  341  flashing or warning vehicular lights other than amber colored,
  342  or by committing any act that is intended to falsely convey
  343  official status.
  344         (j) Commission of an act of violence or the use of force on
  345  any person except in the lawful protection of one’s self or
  346  another from physical harm.
  347         (k) Knowingly violating, advising, encouraging, or
  348  assisting the violation of any statute, court order, capias,
  349  warrant, injunction, or cease and desist order, in the course of
  350  business regulated under this chapter.
  351         (l) Soliciting business for an attorney in return for
  352  compensation.
  353         (m) Transferring or attempting to transfer a license issued
  354  pursuant to this chapter.
  355         (n) Employing or contracting with any unlicensed or
  356  improperly licensed person or agency to conduct activities
  357  regulated under this chapter, or performing any act that
  358  assists, aids, or abets a person or business entity in engaging
  359  in unlicensed activity, when the licensure status was known or
  360  could have been ascertained by reasonable inquiry.
  361         (o) Failure or refusal to cooperate with or refusal of
  362  access to an authorized representative of the department engaged
  363  in an official investigation pursuant to this chapter.
  364         (p) Failure of any partner, principal corporate officer, or
  365  licensee to have his or her identification card in his or her
  366  possession while on duty.
  367         (q) Failure of any licensee to have his or her license in
  368  his or her possession while on duty, as specified in s.
  369  493.6111(1).
  370         (r) Failure or refusal by a sponsor to certify a biannual
  371  written report on an intern or to certify completion or
  372  termination of an internship to the department within 15 working
  373  days.
  374         (s) Failure to report to the department any person whom the
  375  licensee knows to be in violation of this chapter or the rules
  376  of the department.
  377         (t) Violating any provision of this chapter.
  378         (u) For a Class “G” licensee, failing to timely complete
  379  requalification recertification training as required in s.
  380  493.6113(3)(b).
  381         (v) For a Class “K” licensee, failing to maintain active
  382  certification specified under s. 493.6105(6).
  383         (w) For a Class “G” or a Class “K” applicant or licensee,
  384  being prohibited from purchasing or possessing a firearm by
  385  state or federal law.
  386         (x) In addition to the grounds for disciplinary action
  387  prescribed in paragraphs (a)-(t), Class “R” recovery agencies,
  388  Class “E” recovery agents, and Class “EE” recovery agent interns
  389  are prohibited from committing the following acts:
  390         1. Recovering a motor vehicle, mobile home, motorboat,
  391  aircraft, personal watercraft, all-terrain vehicle, farm
  392  equipment, or industrial equipment that has been sold under a
  393  conditional sales agreement or under the terms of a chattel
  394  mortgage before authorization has been received from the legal
  395  owner or mortgagee.
  396         2. Charging for expenses not actually incurred in
  397  connection with the recovery, transportation, storage, or
  398  disposal of repossessed property or personal property obtained
  399  in a repossession.
  400         3. Using any repossessed property or personal property
  401  obtained in a repossession for the personal benefit of a
  402  licensee or an officer, director, partner, manager, or employee
  403  of a licensee.
  404         4. Selling property recovered under the provisions of this
  405  chapter, except with written authorization from the legal owner
  406  or the mortgagee thereof.
  407         5. Failing to notify the police or sheriff’s department of
  408  the jurisdiction in which the repossessed property is recovered
  409  within 2 hours after recovery.
  410         6. Failing to remit moneys collected in lieu of recovery of
  411  a motor vehicle, mobile home, motorboat, aircraft, personal
  412  watercraft, all-terrain vehicle, farm equipment, or industrial
  413  equipment to the client within 10 working days.
  414         7. Failing to deliver to the client a negotiable instrument
  415  that is payable to the client, within 10 working days after
  416  receipt of such instrument.
  417         8. Falsifying, altering, or failing to maintain any
  418  required inventory or records regarding disposal of personal
  419  property contained in or on repossessed property pursuant to s.
  420  493.6404(1).
  421         9. Carrying any weapon or firearm when he or she is on
  422  private property and performing duties under his or her license
  423  whether or not he or she is licensed pursuant to s. 790.06.
  424         10. Soliciting from the legal owner the recovery of
  425  property subject to repossession after such property has been
  426  seen or located on public or private property if the amount
  427  charged or requested for such recovery is more than the amount
  428  normally charged for such a recovery.
  429         11. Wearing, presenting, or displaying a badge in the
  430  course of performing a repossession regulated by this chapter.
  431         (y) Installation of a tracking device or tracking
  432  application in violation of s. 934.425.
  433         (z) Failure of any licensee to notify his or her employer
  434  within 3 calendar days if he or she is arrested for any offense.
  435         (8)Upon notification and subsequent written verification
  436  to the department by a law enforcement agency, a court, or the
  437  Department of Law Enforcement that a licensee has been arrested
  438  or formally charged with a firearms-related crime that would
  439  disqualify him or her from licensure under this section, the
  440  department shall automatically suspend his or her Class “G” or
  441  Class “K” license until final disposition of the case.
  442         (9)Upon notification and subsequent written verification
  443  to the department by a law enforcement agency, a court, or the
  444  Department of Law Enforcement that a licensee has been arrested
  445  or formally charged with a forcible felony as defined in s.
  446  776.08, the department shall automatically suspend his or her
  447  license until final disposition of the case.
  448         Section 11. Subsection (1) of section 493.6202, Florida
  449  Statutes, is amended to read:
  450         493.6202 Fees.—
  451         (1) The department shall establish by rule examination and
  452  biennial license fees, which shall not to exceed the following:
  453         (a) Class “A” license—private investigative agency: $450.
  454         (b) Class “AA” or “AB” license—branch office: $125.
  455         (c) Class “MA” license—private investigative agency
  456  manager: $75.
  457         (d) Class “C” license—private investigator: $75.
  458         (e) Class “CC” license—private investigator intern: $60.
  459         Section 12. Subsection (5) and paragraphs (b) and (c) of
  460  subsection (6) of section 493.6203, Florida Statutes, are
  461  amended to read:
  462         493.6203 License requirements.—In addition to the license
  463  requirements set forth elsewhere in this chapter, each
  464  individual or agency shall comply with the following additional
  465  requirements:
  466         (5) Effective January 1, 2008, An applicant for a Class
  467  “MA,” Class “M,” or Class “C” license must pass an examination
  468  that covers the provisions of this chapter and is administered
  469  by the department or by a provider approved by the department.
  470  The applicant must pass the examination before applying for
  471  licensure and must submit proof with the license application on
  472  a form approved by rule of the department that he or she has
  473  passed the examination. The administrator of the examination
  474  shall verify the identity of each applicant taking the
  475  examination.
  476         (a) The examination requirement in this subsection does not
  477  apply to an individual who holds a valid Class “CC,” Class “C,”
  478  Class “MA,” or Class “M” license.
  479         (b) Notwithstanding the exemption provided in paragraph
  480  (a), if the license of an applicant for relicensure has been
  481  invalid for more than 1 year, the applicant must take and pass
  482  the examination.
  483         (c) The department shall establish by rule the content of
  484  the examination, the manner and procedure of its administration,
  485  and an examination fee that may not exceed $100.
  486         (6)
  487         (b) Effective January 1, 2012, Before submission of an
  488  application to the department, the applicant for a Class “CC”
  489  license must have completed a minimum of 40 hours of
  490  professional training pertaining to general investigative
  491  techniques and this chapter, which course is offered by a state
  492  university or by a school, community college, college, or
  493  university under the purview of the Department of Education, and
  494  the applicant must pass an examination. The training must be
  495  provided in two parts, one 24-hour course and one 16-hour
  496  course. The certificate evidencing satisfactory completion of
  497  the 40 hours of professional training must be submitted with the
  498  application for a Class “CC” license. The training specified in
  499  this paragraph may be provided by face-to-face presentation,
  500  online technology, or a home study course in accordance with
  501  rules and procedures of the Department of Education. The
  502  administrator of the examination must verify the identity of
  503  each applicant taking the examination.
  504         1. Upon an applicant’s successful completion of each part
  505  of the approved training and passage of any required
  506  examination, the school, community college, college, or
  507  university shall issue a certificate of completion to the
  508  applicant. The certificates must be on a form established by
  509  rule of the department.
  510         2. The department shall establish by rule the general
  511  content of the professional training and the examination
  512  criteria.
  513         3. If the license of an applicant for relicensure is
  514  invalid for more than 1 year, the applicant must complete the
  515  required training and pass any required examination.
  516         (c) An individual who submits an application for a Class
  517  “CC” license on or after September 1, 2008, through December 31,
  518  2011, who has not completed the 16-hour course must submit proof
  519  of successful completion of the course within 180 days after the
  520  date the application is submitted. If documentation of
  521  completion of the required training is not submitted by that
  522  date, the individual’s license shall be automatically suspended
  523  until proof of the required training is submitted to the
  524  department. An individual licensed on or before August 31, 2008,
  525  is not required to complete additional training hours in order
  526  to renew an active license beyond the total required hours, and
  527  the timeframe for completion in effect at the time he or she was
  528  licensed applies.
  529         Section 13. Subsection (1) of section 493.6302, Florida
  530  Statutes, is amended to read:
  531         493.6302 Fees.—
  532         (1) The department shall establish by rule biennial license
  533  fees, which shall not to exceed the following:
  534         (a) Class “B” license—security agency: $450.
  535         (b) Class “BB” or Class “AB” license—branch office: $125.
  536         (c) Class “MB” license—security agency manager: $75.
  537         (d) Class “D” license—security officer: $45.
  538         (e) Class “DS” license—security officer school or training
  539  facility: $60.
  540         (f) Class “DI” license—security officer school or training
  541  facility instructor: $60.
  542         Section 14. Subsection (4) of section 493.6303, Florida
  543  Statutes, is amended to read:
  544         493.6303 License requirements.—In addition to the license
  545  requirements set forth elsewhere in this chapter, each
  546  individual or agency must comply with the following additional
  547  requirements:
  548         (4)(a) Effective January 1, 2012, An applicant for a Class
  549  “D” license must submit proof of successful completion of a
  550  minimum of 40 hours of professional training at a school or
  551  training facility licensed by the department. The training must
  552  be provided in two parts, one 24-hour course and one 16-hour
  553  course. The department shall by rule establish the general
  554  content and number of hours of each subject area to be taught.
  555         (b) An individual who submits an application for a Class
  556  “D” license on or after January 1, 2007, through December 31,
  557  2011, who has not completed the 16-hour course must submit proof
  558  of successful completion of the course within 180 days after the
  559  date the application is submitted. If documentation of
  560  completion of the required training is not submitted by that
  561  date, the individual’s license shall be automatically suspended
  562  until proof of the required training is submitted to the
  563  department. A person licensed before January 1, 2007, is not
  564  required to complete additional training hours in order to renew
  565  an active license beyond the total required hours, and the
  566  timeframe for completion in effect at the time he or she was
  567  licensed applies.
  568         (c)Upon reapplication for a license, an individual whose
  569  license has been is suspended or revoked pursuant to paragraph
  570  (b), or is expired for at least 1 year or more, is considered,
  571  upon reapplication for a license, an initial applicant and must
  572  submit proof of successful completion of 40 hours of
  573  professional training at a school or training facility licensed
  574  by the department as provided in paragraph (a) before a license
  575  is issued.
  576         Section 15. Subsection (1) of section 493.6304, Florida
  577  Statutes, is amended to read:
  578         493.6304 Security officer school or training facility.—
  579         (1) Any school, training facility, or instructor who offers
  580  the training specified outlined in s. 493.6303(4) for Class “D”
  581  applicants shall, before licensure of such school, training
  582  facility, or instructor, file with the department an application
  583  accompanied by an application fee in an amount to be determined
  584  by rule, not to exceed $60. The fee is shall not be refundable.
  585         Section 16. Subsection (1) of section 493.6402, Florida
  586  Statutes, is amended to read:
  587         493.6402 Fees.—
  588         (1) The department shall establish by rule biennial license
  589  fees that shall not to exceed the following:
  590         (a) Class “R” license—recovery agency: $450.
  591         (b) Class “RR” license—branch office: $125.
  592         (c) Class “MR” license—recovery agency manager: $75.
  593         (d) Class “E” license—recovery agent: $75.
  594         (e) Class “EE” license—recovery agent intern: $60.
  595         (f) Class “RS” license—recovery agent school or training
  596  facility: $60.
  597         (g) Class “RI” license—recovery agent school or training
  598  facility instructor: $60.
  599         Section 17. Subsection (2) of section 493.6403, Florida
  600  Statutes, is amended to read:
  601         493.6403 License requirements.—
  602         (2) Beginning October 1, 1994, An applicant for a Class “E”
  603  or a Class “EE” license must submit proof of successful
  604  completion have completed a minimum of 40 hours of professional
  605  training at a school or training facility licensed by the
  606  department. The department shall by rule establish the general
  607  content for the training.
  608         Section 18. Paragraph (a) of subsection (3) of section
  609  501.059, Florida Statutes, is amended to read:
  610         501.059 Telephone solicitation.—
  611         (3)(a) If any residential, mobile, or telephonic paging
  612  device telephone subscriber notifies the department of his or
  613  her desire to be placed on a “no sales solicitation calls”
  614  listing indicating that the subscriber does not wish to receive
  615  unsolicited telephonic sales calls, the department shall place
  616  the subscriber on that listing for 5 years.
  617         Section 19. Paragraph (a) of subsection (1) and subsection
  618  (3) of section 507.04, Florida Statutes, are amended to read:
  619         507.04 Required insurance coverages; liability limitations;
  620  valuation coverage.—
  621         (1) LIABILITY INSURANCE.—
  622         (a)1. Except as provided in paragraph (b), each mover
  623  operating in this state must maintain current and valid
  624  liability insurance coverage of at least $10,000 per shipment
  625  for the loss or damage of household goods resulting from the
  626  negligence of the mover or its employees or agents.
  627         2. The mover must provide the department with evidence of
  628  liability insurance coverage before the mover is registered with
  629  the department under s. 507.03. All insurance coverage
  630  maintained by a mover must remain in effect throughout the
  631  mover’s registration period. A mover’s failure to maintain
  632  insurance coverage in accordance with this paragraph constitutes
  633  an immediate threat to the public health, safety, and welfare.
  634  If a mover fails to maintain insurance coverage, the department
  635  may immediately suspend the mover’s registration or eligibility
  636  for registration, and the mover must immediately cease operating
  637  as a mover in this state. In addition, and notwithstanding the
  638  availability of any administrative relief pursuant to chapter
  639  120, the department may seek from the appropriate circuit court
  640  an immediate injunction prohibiting the mover from operating in
  641  this state until the mover complies with this paragraph, a civil
  642  penalty not to exceed $5,000, and court costs.
  643         (3) INSURANCE COVERAGES.—The insurance coverages required
  644  under paragraph (1)(a) and subsection (2) must be issued by an
  645  insurance company or carrier licensed to transact business in
  646  this state under the Florida Insurance Code as designated in s.
  647  624.01. The department shall require a mover to present a
  648  certificate of insurance of the required coverages before
  649  issuance or renewal of a registration certificate under s.
  650  507.03. The department shall be named as a certificateholder in
  651  the certificate and must be notified at least 10 days before
  652  cancellation of insurance coverage. If a mover fails to maintain
  653  insurance coverage, the department may immediately suspend the
  654  mover’s registration or eligibility for registration, and the
  655  mover must immediately cease operating as a mover in this state.
  656  In addition, and notwithstanding the availability of any
  657  administrative relief pursuant to chapter 120, the department
  658  may seek from the appropriate circuit court an immediate
  659  injunction prohibiting the mover from operating in this state
  660  until the mover complies with this section, a civil penalty not
  661  to exceed $5,000, and court costs.
  662         Section 20. Section 534.021, Florida Statutes, is amended
  663  to read:
  664         534.021 Recording of marks or brands.—The department shall
  665  be the recorder of livestock marks or brands, and the marks or
  666  brands may not be recorded elsewhere in the state. Any livestock
  667  owner who uses a mark or brand to identify her or his livestock
  668  must register the mark or brand by applying to the department.
  669  The application must be made on a form prescribed by the
  670  department and must be accompanied by a detailed drawing
  671  facsimile of the brand applied for and a statement identifying
  672  the county in which the applicant has or expects to have
  673  livestock bearing the mark or brand to be recorded. The
  674  department shall, upon its satisfaction that the application
  675  meets the requirements of this chapter, record the mark or brand
  676  for exclusive statewide use by the applicant. If an application
  677  is made to record a mark or brand previously recorded, the
  678  department shall determine whether the county in which the mark
  679  or brand will be used is near enough to another county in which
  680  the previously recorded mark or brand is used to cause confusion
  681  or to aid theft or dishonesty, and if so, the department must
  682  decline to admit to record the mark or brand. If a conflict
  683  arises between the owner of any recorded mark or brand and
  684  another claiming the right to record the same mark or brand, the
  685  department must give preference to the present owner. The
  686  department shall charge and collect at the time of recording a
  687  fee of $10 for each mark or brand. A person may not use any mark
  688  or brand to which another has a prior right of record. It is
  689  unlawful to brand any animal with a brand not registered with
  690  the department.
  691         Section 21. Section 534.041, Florida Statutes, is amended
  692  to read:
  693         534.041 Renewal of certificate of mark or brand.—The
  694  registration of a mark or brand entitles the registered owner to
  695  exclusive ownership and use of the mark or brand for a period
  696  ending at midnight on the last day of the month 10 5 years from
  697  the date of registration. Upon application, registration may be
  698  renewed, upon application and payment of a renewal fee of $5,
  699  for successive 10-year 5-year periods, each ending at midnight
  700  on the last day of the month 10 5 years from the date of
  701  renewal. At least 60 days before prior to the expiration of a
  702  registration, the department shall notify by letter the
  703  registered owner of the mark or brand that, upon application for
  704  renewal and payment of the renewal fee, the department will
  705  issue a renewal certificate granting the registered owner
  706  exclusive ownership and use of the mark or brand for another 10
  707  year 5-year period ending at midnight on the last day of the
  708  month 10 5 years from the date of renewal. Failure to make
  709  application for renewal within the month of expiration of a
  710  registration will cause the department to send a second notice
  711  to the registered owner by mail at her or his last known
  712  address. Failure of the registered owner to make application for
  713  renewal within 30 days after receipt of the second notice will
  714  cause the owner’s mark or brand to be placed on an inactive list
  715  for a period of 12 months, after which it will be canceled and
  716  become subject to registration by another person.
  717         Section 22. Section 534.061, Florida Statutes, is repealed.
  718         Section 23. Subsection (1) of section 573.118, Florida
  719  Statutes, is amended to read:
  720         573.118 Assessment; funds; review of accounts; loans.—
  721         (1) To provide funds to defray the necessary expenses
  722  incurred by the department in the formulation, issuance,
  723  administration, and enforcement of any marketing order, every
  724  person engaged in the production, distributing, or handling of
  725  agricultural commodities within this state, and directly
  726  affected by any marketing order, shall pay to the department, at
  727  such times and in such installments as the department may
  728  prescribe, such person’s pro rata share of necessary expenses.
  729  Each person’s share of expenses shall be that proportion which
  730  the total volume of agricultural commodities produced,
  731  distributed, or handled by the person during the current
  732  marketing season, or part thereof covered by such marketing
  733  order, is of the total volume of the commodities produced,
  734  distributed, or handled by all such persons during the same
  735  current marketing season or part thereof. The department, after
  736  receiving the recommendations of the advisory council, shall fix
  737  the rate of assessment on the volume of agricultural commodities
  738  sold or some other equitable basis. For convenience of
  739  collection, upon request of the department, handlers of the
  740  commodities shall pay any producer assessments. Handlers paying
  741  assessments for and on behalf of any producers may collect the
  742  producer assessments from any moneys owed by the handlers to the
  743  producers. The collected assessments shall be deposited into the
  744  appropriate trust fund and used for the sole purpose of
  745  implementing the marketing order for which the assessment was
  746  collected. The department is not subject to s. 287.057 in the
  747  expenditure of these funds. However, the director of the
  748  Division of Fruit and Vegetables Marketing and Development shall
  749  file with the internal auditor of the department a certification
  750  of conditions and circumstances justifying each contract or
  751  agreement entered into without competitive bidding.
  752         Section 24. Paragraph (b) of subsection (4) of section
  753  590.02, Florida Statutes, is amended to read:
  754         590.02 Florida Forest Service; powers, authority, and
  755  duties; liability; building structures; Withlacoochee Training
  756  Center.—
  757         (4)
  758         (b) Notwithstanding s. 553.80(1), the department shall
  759  exclusively enforce the Florida Building Code as it pertains to
  760  wildfire, and law enforcement, and other Florida Forest Service
  761  facilities under the jurisdiction of the department.
  762         Section 25. Paragraph (a) of subsection (5) of section
  763  597.004, Florida Statutes, is amended to read:
  764         597.004 Aquaculture certificate of registration.—
  765         (5) SALE OF AQUACULTURE PRODUCTS.—
  766         (a) Aquaculture products, except shellfish, snook, and any
  767  fish of the genus Micropterus, and prohibited and restricted
  768  freshwater and marine species identified by rules of the Fish
  769  and Wildlife Conservation Commission, may be sold by an
  770  aquaculture producer certified pursuant to this section without
  771  restriction by a licensed dealer if the so long as product
  772  origin can be identified.
  773         Section 26. Subsection (2) of section 604.16, Florida
  774  Statutes, is amended to read:
  775         604.16 Exceptions to provisions of ss. 604.15-604.34.
  776  Except for s. 604.22(2), the provisions of ss. 604.15-604.34 do
  777  not apply to:
  778         (2) A dealer in agricultural products who pays at the time
  779  of purchase with United States cash currency or a cash
  780  equivalent, such as a money order, cashier’s check, wire
  781  transfer, electronic funds transfer, or PIN-based debit
  782  transaction, or who pays with a credit card as defined in s.
  783  658.995(2)(a).
  784         Section 27. This act shall take effect July 1, 2017.