Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 1084
Ì549006!Î549006
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/13/2024 .
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The Appropriations Committee on Agriculture, Environment, and
General Government (Collins) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsections (19) and (20) are added to section
6 253.0341, Florida Statutes, to read:
7 253.0341 Surplus of state-owned lands.—
8 (19) The Acquisition and Restoration Council shall
9 determine whether any lands surplused by a local governmental
10 entity as defined in s. 218.72 are within a Florida wildlife
11 corridor opportunity area. The local governmental entity may not
12 transfer future development rights for any local governmental
13 entity surplus lands determined to be within a Florida wildlife
14 corridor opportunity area.
15 (20) Notwithstanding any other law or rule, the Department
16 of Environmental Protection may surplus state-owned conservation
17 lands without development rights within the Florida wildlife
18 corridor. The Department of Environmental Protection must retain
19 a rural-lands-protection easement pursuant to s. 570.71(3), and
20 all proceeds must be deposited into the Incidental Trust Fund
21 within the Department of Agriculture and Consumer Services for
22 less than fee simple land acquisition pursuant to ss. 570.71 and
23 570.715. By January 1, 2025, and each January 1 thereafter, the
24 Department of Environmental Protection shall provide to the
25 board of trustees a report on conversation lands surplused
26 pursuant to this subsection.
27 Section 2. Subsection (2) of section 366.94, Florida
28 Statutes, is amended to read:
29 366.94 Electric vehicle charging stations.—
30 (2) The regulation of electric vehicle charging stations is
31 preempted to the state.
32 (a) A local governmental entity may not enact or enforce an
33 ordinance or regulation related to electric vehicle charging
34 stations.
35 (b) The Department of Agriculture and Consumer Services
36 shall adopt rules to provide definitions, methods of sale,
37 labeling requirements, and price-posting requirements for
38 electric vehicle charging stations to allow for consistency for
39 consumers and the industry.
40 Section 3. Paragraph (e) is added to subsection (6) of
41 section 373.089, Florida Statutes, to read:
42 373.089 Sale or exchange of lands, or interests or rights
43 in lands.—The governing board of the district may sell lands, or
44 interests or rights in lands, to which the district has acquired
45 title or to which it may hereafter acquire title in the
46 following manner:
47 (6) Any lands the title to which is vested in the governing
48 board of a water management district may be surplused pursuant
49 to the procedures set forth in this section and s. 373.056 and
50 the following:
51 (e) For all lands, the governing board shall determine
52 whether the lands are within a Florida wildlife corridor
53 opportunity area. Future development rights may not be attached
54 to any water management district surplus lands determined to be
55 within a Florida wildlife corridor opportunity area.
56
57 If the Board of Trustees of the Internal Improvement Trust Fund
58 declines to accept title to the lands offered under this
59 section, the land may be disposed of by the district under the
60 provisions of this section.
61 Section 4. Subsections (3), (4), and (10) of section
62 482.111, Florida Statutes, are amended to read:
63 482.111 Pest control operator’s certificate.—
64 (3) A certificate expires 1 year after the date of
65 issuance. Annually, on or before the 1-year an anniversary of
66 the date of issuance set by the department, an individual so
67 issued a pest control operator’s certificate must apply to the
68 department on a form prescribed by the department to renew the
69 for renewal of such certificate. After a grace period not
70 exceeding 30 calendar days following such expiration renewal
71 date, the department shall assess a late renewal charge of $50
72 shall be assessed and the certificateholder must pay the late
73 renewal charge be paid in addition to the renewal fee.
74 (4) If a certificateholder fails to renew his or her
75 certificate and provide proof of completion of the required
76 continuing education units under subsection (10) within 60 days
77 after the certificate’s expiration date, the certificateholder
78 may be recertified only after reexamination Unless timely
79 renewed, a certificate automatically expires 180 calendar days
80 after the anniversary renewal date. Subsequent to such
81 expiration, a certificate may be issued only upon successful
82 reexamination and upon payment of the examination and issuance
83 fees due.
84 (10) In order to renew Prior to the expiration date of a
85 certificate, the certificateholder must complete 2 hours of
86 approved continuing education on legislation, safety, pesticide
87 labeling, and integrated pest management and 2 hours of approved
88 continuing education in each category of her or his certificate
89 or must pass an examination given by the department. The
90 department may not renew a certificate if the continuing
91 education or examination requirement is not met.
92 (a) Courses or programs, to be considered for credit, must
93 include one or more of the following topics:
94 1. The law and rules of this state pertaining to pest
95 control.
96 2. Precautions necessary to safeguard life, health, and
97 property in the conducting of pest control and the application
98 of pesticides.
99 3. Pests, their habits, recognition of the damage they
100 cause, and identification of them by accepted common name.
101 4. Current accepted industry practices in the conducting of
102 fumigation, termites and other wood-destroying organisms pest
103 control, lawn and ornamental pest control, and household pest
104 control.
105 5. How to read labels, a review of current state and
106 federal laws on labeling, and a review of changes in or
107 additions to labels used in pest control.
108 6. Integrated pest management.
109 (b) The certificateholder must submit with her or his
110 application for renewal a statement certifying that she or he
111 has completed the required number of hours of continuing
112 education. The statement must be on a form prescribed by the
113 department and must identify at least the date, location,
114 provider, and subject of the training and must provide such
115 other information as required by the department.
116 (c) The department shall charge the same fee for
117 examination as provided in s. 482.141(2).
118 Section 5. Subsections (6), (7), and (8) of section
119 482.151, Florida Statutes, are amended to read:
120 482.151 Special identification card for performance of
121 fumigation.—
122 (6) A special identification card expires 1 year after the
123 date of issuance. A cardholder must apply An application to the
124 department to renew his or her for renewal of a special
125 identification card must be made on or before the 1-year an
126 anniversary of the date of issuance set by the department. The
127 department shall set the fee for renewal of a special
128 identification card shall be set by the department but the fee
129 may not be more than $100 or less than $50; however, until a
130 rule setting this fee is adopted by the department, the renewal
131 fee is shall be $50. After a grace period not exceeding 30
132 calendar days following such expiration renewal date, the
133 department shall assess a late renewal charge of $25, which the
134 cardholder must pay be paid in addition to the renewal fee.
135 (7) If a cardholder fails to renew his or her card and
136 provide proof of completion of the continuing education units
137 required by subsection (8) within 60 days after the expiration
138 date, the cardholder may be reissued a special identification
139 card only after reexamination Unless timely renewed, a special
140 identification card automatically expires 180 calendar days
141 after the anniversary renewal date. Subsequent to such
142 expiration, a special identification card may be issued only
143 upon successful reexamination and upon payment of examination
144 and issuance fees due, as provided in this section.
145 (8) In order to renew Prior to the expiration date of a
146 special identification card, the cardholder must do at least one
147 of the following:
148 (a) Complete 2 hours of approved continuing education on
149 legislation, safety, and pesticide labeling and 2 hours of
150 approved continuing education in the fumigation category.; or
151 (b) Pass an examination in fumigation given by the
152 department.
153 Section 6. Paragraph (b) of subsection (1) of section
154 482.155, Florida Statutes, is amended to read:
155 482.155 Limited certification for governmental pesticide
156 applicators or private applicators.—
157 (1)
158 (b) A person seeking limited certification under this
159 subsection must pass an examination given or approved by the
160 department. Each application for examination must be accompanied
161 by an examination fee set by the department, in an amount of not
162 more than $150 or less than $50; and a recertification fee of
163 $25 every 4 years. Until rules setting these fees are adopted by
164 the department, the examination fee is $50. Application for
165 recertification must be accompanied by proof of having completed
166 4 classroom hours of acceptable continuing education. The
167 limited certificate expires 4 years after the date of issuance.
168 If the certificateholder fails to renew his or her certificate
169 and provide proof of completion of the required continuing
170 education units within 60 days after the expiration date, the
171 certificateholder may be recertified only after reexamination.
172 The department shall provide the appropriate reference material
173 and make the examination readily accessible and available to all
174 applicants at least quarterly or as necessary in each county.
175 Section 7. Subsections (1), (2), and (3), of section
176 482.156, Florida Statutes, are amended to read:
177 482.156 Limited certification for commercial landscape
178 maintenance personnel.—
179 (1) The department shall establish a limited certification
180 category for individual commercial landscape maintenance
181 personnel to authorize them to apply herbicides for controlling
182 weeds in plant beds, driveways, sidewalks, and patios and to
183 perform integrated pest management on ornamental plants using
184 pesticides that do not have a insecticides and fungicides having
185 the signal word or that have the signal word “caution” but do
186 not have having the signal word “warning” or “danger” on the
187 label. The application equipment that may be used by a person
188 certified pursuant to this section is limited to portable,
189 handheld application equipment and 3-gallon compressed air
190 sprayers or backpack sprayers but having no more than a 5-gallon
191 capacity and does not include any type of power equipment.
192 (2)(a) A person seeking limited certification under this
193 section must pass an examination given by the department. Each
194 application for examination must be accompanied by an
195 examination fee set by rule of the department, in an amount of
196 not more than $150 or less than $50. Before the department
197 issues Prior to the department’s issuing a limited certification
198 under this section, each person applying for the certification
199 must furnish proof of having a certificate of insurance which
200 states that the employer meets the requirements for minimum
201 financial responsibility for bodily injury and property damage
202 required by s. 482.071(4).
203 (b) To be eligible to take the examination, an applicant
204 must have completed 6 classroom hours of plant bed and
205 ornamental continuing education training approved by the
206 department and provide sufficient proof, according to criteria
207 established by department rule. The department shall provide the
208 appropriate reference materials for the examination and make the
209 examination readily accessible and available to applicants at
210 least quarterly or as necessary in each county.
211 (3) A certificate expires 1 year after the date of
212 issuance. A certificateholder must apply to the department to
213 renew his or her certificate on or before the 1-year anniversary
214 of the date of issuance. The An application for recertification
215 under this section must be made annually and be accompanied by a
216 recertification fee set by rule of the department, in an amount
217 of not more than $75 or less than $25. The application must also
218 be accompanied by proof of having completed 4 classroom hours of
219 acceptable continuing education and the same proof of having a
220 certificate of insurance as is required for issuance of this
221 certification. After a grace period not exceeding 30 calendar
222 days following such expiration date the annual date that
223 recertification is due, a late renewal charge of $50 shall be
224 assessed and must be paid in addition to the renewal fee. If a
225 certificateholder fails to renew his or her certificate and
226 provide proof of completing the required continuing education
227 units within 60 days after the expiration date, the
228 certificateholder may be recertified only after reexamination
229 Unless timely recertified, a certificate automatically expires
230 180 calendar days after the anniversary recertification date.
231 Subsequent to such expiration, a certificate may be issued only
232 upon successful reexamination and upon payment of the
233 examination fees due.
234 Section 8. Subsection (3) of section 482.157, Florida
235 Statutes, is amended to read:
236 482.157 Limited certification for commercial wildlife
237 management personnel.—
238 (3) A certificate expires 1 year after the date of
239 issuance. A certificateholder must apply to the department to
240 renew his or her certificate on or before the 1-year anniversary
241 of the date of issuance. The An application for recertification
242 must be made annually and be accompanied by a recertification
243 fee of at least $75, but not more than $150, as prescribed by
244 the department by rule. The application must also be accompanied
245 by proof of completion of the required 4 classroom hours of
246 acceptable continuing education and the required proof of
247 insurance. After a grace period not exceeding 30 calendar days
248 following such expiration after the recertification renewal
249 date, the department shall assess a late fee of $50 in addition
250 to the renewal fee. If a certificateholder fails to renew his or
251 her certificate and provide proof of completing the required
252 continuing education units within 60 days after the expiration
253 date, the certificateholder may be recertified only after
254 reexamination A certificate automatically expires 180 days after
255 the recertification date if the renewal fee has not been paid.
256 After expiration, the department shall issue a new certificate
257 only if the applicant successfully passes a reexamination and
258 pays the examination fee and late fee.
259 Section 9. Paragraphs (k) and (l) are added to subsection
260 (1) of section 482.161, Florida Statutes, to read:
261 482.161 Disciplinary grounds and actions; reinstatement.—
262 (1) The department may issue a written warning to or impose
263 a fine against, or deny the application for licensure or
264 licensure renewal of, a licensee, certified operator, limited
265 certificateholder, identification cardholder, or special
266 identification cardholder or any other person, or may suspend,
267 revoke, or deny the issuance or renewal of any license,
268 certificate, limited certificate, identification card, or
269 special identification card that is within the scope of this
270 chapter, in accordance with chapter 120, upon any of the
271 following grounds:
272 (k) Swearing to or affirming any false statement in an
273 application for a license issued pursuant to this chapter.
274 (l) Cheating on an examination required for licensure under
275 this chapter or violating a published test center or examination
276 procedure provided orally, in writing, or electronically at the
277 test site and affirmatively acknowledged by the examinee.
278 Section 10. Section 482.191, Florida Statutes, is amended
279 to read:
280 482.191 Violation and penalty.—
281 (1) It is unlawful to do any of the following:
282 (a) Solicit, practice, perform, or advertise in pest
283 control except as provided by this chapter.
284 (b) Swear to or affirm a false statement in an application
285 for a license or certificate issued pursuant to this chapter. A
286 false statement contained in an application for such license or
287 certificate renders the application, license, or certificate
288 void.
289 (c) Cheat on an examination required for licensure under
290 this chapter or violate a published test center or examination
291 procedure provided orally, in writing, or electronically at the
292 test site and affirmatively acknowledged by an examinee.
293 Violating this paragraph renders the examinee’s exam attempt
294 void. The department shall adopt rules establishing penalties
295 for examinees who violate this subsection. The department may
296 exercise discretion in assessing penalties based on the nature
297 and frequency of the violation.
298 (2) Except as provided in paragraph (1)(c), a person who
299 violates any provision of this chapter commits is guilty of a
300 misdemeanor of the second degree, punishable as provided in s.
301 775.082 or s. 775.083.
302 (3) A Any person who violates any rule of the department
303 relative to pest control commits is guilty of a misdemeanor of
304 the second degree, punishable as provided in s. 775.082 or s.
305 775.083.
306 Section 11. Subsection (3) of section 482.226, Florida
307 Statutes, is amended to read:
308 482.226 Wood-destroying organism inspection report; notice
309 of inspection or treatment; financial responsibility.—
310 (3) When an inspection If periodic reinspections or
311 retreatments are specified in wood-destroying organisms
312 preventive or control contracts is conducted or any treatment
313 covered by the wood-destroying organisms preventive or control
314 contracts is performed, the licensee shall furnish the property
315 owner or the property owner’s authorized agent, after each such
316 reinspection or retreatment, a signed report indicating the
317 presence or absence of wood-destroying organisms covered by the
318 contract, whether treatment retreatment was made, and the common
319 or brand name of the pesticide used. Such report need not be on
320 a form prescribed by the department.
321 (a) If a licensee performs an inspection not specified in
322 the wood-destroying organisms preventive or control contract,
323 and the presence of wood-destroying organisms covered by the
324 contract is identified, the licensee must provide the property
325 owner or property owner’s authorized agent with a signed report
326 notifying her or him of the presence of wood-destroying
327 organisms.
328 (b) A person may not perform inspections periodic
329 reinspections or treatments retreatments unless she or he has an
330 identification card issued under s. 482.091(9).
331 Section 12. Subsection (13) of section 487.031, Florida
332 Statutes, is amended to read:
333 487.031 Prohibited acts.—It is unlawful:
334 (13) For any person to do any of the following:
335 (a) Make a false or fraudulent claim through any medium,
336 misrepresenting the effect of materials or methods used.;
337 (b) Make a pesticide recommendation or application not in
338 accordance with the label, except as provided in this section,
339 or not in accordance with recommendations of the United States
340 Environmental Protection Agency or not in accordance with the
341 specifications of a special local need registration.;
342 (c) Operate faulty or unsafe equipment.;
343 (d) Operate in a faulty, careless, or negligent manner.;
344 (e) Apply any pesticide directly to, or in any manner cause
345 any pesticide to drift onto, any person or area not intended to
346 receive the pesticide.;
347 (f) Fail to disclose to an agricultural crop grower, before
348 prior to the time pesticides are applied to a crop, full
349 information regarding the possible harmful effects to human
350 beings or animals and the earliest safe time for workers or
351 animals to reenter the treated field.;
352 (g) Refuse or, after notice, neglect to comply with the
353 provisions of this part, the rules adopted under this part, or
354 any lawful order of the department.;
355 (h) Refuse or neglect to keep and maintain the records
356 required by this part or to submit reports when and as
357 required.;
358 (i) Make false or fraudulent records, invoices, or
359 reports.;
360 (j) Use fraud or misrepresentation in making an application
361 for a license or license renewal.;
362 (k) Swear to or affirm a false statement in an application
363 for a license issued pursuant to this chapter.
364 (l) Cheat on an examination required for licensure under
365 this chapter or violate a published test center or examination
366 procedure provided orally, in writing, or electronically at the
367 test site and affirmatively acknowledged by the examinee.
368 (m) Refuse or neglect to comply with any limitations or
369 restrictions on or in a duly issued license.;
370 (n)(l) Aid or abet a licensed or unlicensed person to evade
371 the provisions of this part, or combine or conspire with a
372 licensed or unlicensed person to evade the provisions of this
373 part, or allow a license to be used by an unlicensed person.;
374 (o)(m) Make false or misleading statements during or after
375 an inspection concerning any infestation or infection of pests
376 found on land.;
377 (p)(n) Make false or misleading statements, or fail to
378 report, pursuant to this part, any suspected or known damage to
379 property or illness or injury to persons caused by the
380 application of pesticides.;
381 (q)(o) Impersonate any state, county, or city inspector or
382 official.;
383 (r)(p) Fail to maintain a current liability insurance
384 policy or surety bond required by as provided for in this part.;
385 (s)(q) Fail to adequately train, as required by provided
386 for in this part, unlicensed applicators or mixer-loaders
387 applying restricted-use pesticides under the direct supervision
388 of a licensed applicator.; or
389 (t)(r) Fail to provide authorized representatives of the
390 department with records required by this part or with free
391 access for inspection and sampling of any pesticide, areas
392 treated with or impacted by these materials, and equipment used
393 in their application.
394 Section 13. Section 487.175, Florida Statutes, is amended
395 to read:
396 487.175 Penalties; administrative fine; injunction.—
397 (1) In addition to any other penalty provided in this part,
398 when the department finds any person, applicant, or licensee has
399 violated any provision of this part or rule adopted under this
400 part, it may enter an order imposing any one or more of the
401 following penalties:
402 (a) Denial of an application for licensure.
403 (b) Revocation or suspension of a license.
404 (c) Issuance of a warning letter.
405 (d) Placement of the licensee on probation for a specified
406 period of time and subject to conditions the department may
407 specify by rule, including requiring the licensee to attend
408 continuing education courses, to demonstrate competency through
409 a written or practical examination, or to work under the direct
410 supervision of another licensee.
411 (e) Imposition of an administrative fine in the Class III
412 category pursuant to s. 570.971 for each violation. When
413 imposing a fine under this paragraph, the department shall
414 consider the degree and extent of harm caused by the violation,
415 the cost of rectifying the damage, the amount of money the
416 violator benefited from by noncompliance, whether the violation
417 was committed willfully, and the compliance record of the
418 violator.
419 (2) It is unlawful for a person to swear to or affirm a
420 false statement in an application for a license or certificate
421 issued pursuant to this chapter. A false statement contained in
422 an application for such license or certificate renders the
423 application, license, or certificate void.
424 (3) Cheating on an examination required for licensure under
425 this chapter or violating a published test center or examination
426 procedure provided orally, in writing, or electronically at the
427 test site and affirmatively acknowledged by the examinee renders
428 the examinee’s exam attempt void. The department shall adopt
429 rules establishing penalties for examinees who violate this
430 section. The department may exercise discretion in assessing
431 penalties based on the nature and frequency of the violation.
432 (4) Except as provided under subsection (3), a Any person
433 who violates any provision of this part or rules adopted
434 pursuant thereto commits a misdemeanor of the second degree and
435 upon conviction is punishable as provided in s. 775.082 or s.
436 775.083. For a subsequent violation, such person commits a
437 misdemeanor of the first degree and upon conviction is
438 punishable as provided in s. 775.082 or s. 775.083.
439 (5)(3) In addition to the remedies provided in this part
440 and notwithstanding the existence of any adequate remedy at law,
441 the department may bring an action to enjoin the violation or
442 threatened violation of any provision of this part, or rule
443 adopted under this part, in the circuit court of the county in
444 which the violation occurred or is about to occur. Upon the
445 department’s presentation of competent and substantial evidence
446 to the court of the violation or threatened violation, the court
447 shall immediately issue the temporary or permanent injunction
448 sought by the department. The injunction shall be issued without
449 bond. A single act in violation of any provision of this part is
450 shall be sufficient to authorize the issuance of an injunction.
451 Section 14. Paragraph (b) of subsection (3) of section
452 493.6113, Florida Statutes, is amended to read:
453 493.6113 Renewal application for licensure.—
454 (3) Each licensee is responsible for renewing his or her
455 license on or before its expiration by filing with the
456 department an application for renewal accompanied by payment of
457 the renewal fee and the fingerprint retention fee to cover the
458 cost of ongoing retention in the statewide automated biometric
459 identification system established in s. 943.05(2)(b). Upon the
460 first renewal of a license issued under this chapter before
461 January 1, 2017, the licensee shall submit a full set of
462 fingerprints and fingerprint processing fees to cover the cost
463 of entering the fingerprints into the statewide automated
464 biometric identification system pursuant to s. 493.6108(4)(a)
465 and the cost of enrollment in the Federal Bureau of
466 Investigation’s national retained print arrest notification
467 program. Subsequent renewals may be completed without submission
468 of a new set of fingerprints.
469 (b) Each Class “G” licensee shall additionally submit proof
470 that he or she has received during each year of the license
471 period a minimum of 4 hours of firearms requalification training
472 taught by a Class “K” licensee and has complied with such other
473 health and training requirements that the department shall adopt
474 by rule. Proof of completion of firearms requalification
475 training shall be submitted to the department upon completion of
476 the training. A Class “G” licensee must successfully complete
477 this requalification training for each type and caliber of
478 firearm carried in the course of performing his or her regulated
479 duties. At the discretion of a Class “K” instructor, a Class “G”
480 licensee may qualify for up to two calibers of firearms in one
481 4-hour firearm requalification class if the licensee
482 successfully completes training for each firearm, including a
483 separate course of fire for each caliber of firearm. If the
484 licensee fails to complete the required 4 hours of annual
485 training during the first year of the 2-year term of the
486 license, the license is shall be automatically suspended. The
487 licensee must complete the minimum number of hours of range and
488 classroom training required at the time of initial licensure and
489 submit proof of completion of such training to the department
490 before the license may be reinstated. If the licensee fails to
491 complete the required 4 hours of annual training during the
492 second year of the 2-year term of the license, the licensee must
493 complete the minimum number of hours of range and classroom
494 training required at the time of initial licensure and submit
495 proof of completion of such training to the department before
496 the license may be renewed. The department may waive the
497 firearms training requirement if:
498 1. The applicant provides proof that he or she is currently
499 certified as a law enforcement officer or correctional officer
500 under the Criminal Justice Standards and Training Commission and
501 has completed law enforcement firearms requalification training
502 annually during the previous 2 years of the licensure period;
503 2. The applicant provides proof that he or she is currently
504 certified as a federal law enforcement officer and has received
505 law enforcement firearms training administered by a federal law
506 enforcement agency annually during the previous 2 years of the
507 licensure period;
508 3. The applicant submits a valid firearm certificate among
509 those specified in s. 493.6105(6)(a) and provides proof of
510 having completed requalification training during the previous 2
511 years of the licensure period; or
512 4. The applicant provides proof that he or she has
513 completed annual firearms training in accordance with the
514 requirements of the federal Law Enforcement Officers Safety Act
515 under 18 U.S.C. ss. 926B-926C.
516 Section 15. Section 493.6127, Florida Statutes, is created
517 to read:
518 493.6127 Appointment of tax collectors to accept
519 applications and renewals for licenses; fees; penalties.—
520 (1) The department may appoint a tax collector, a county
521 officer as described in s. 1(d), Art. VIII of the State
522 Constitution, to accept new, renewal, and replacement license
523 applications on behalf of the department for licenses issued
524 under this chapter. Such appointment shall be for specified
525 locations that will best serve the public interest and
526 convenience in persons applying for these licenses. The
527 department shall establish by rule the type of new, renewal, or
528 replacement licenses a tax collector appointed under this
529 section is authorized to accept.
530 (2) A tax collector seeking to be appointed to accept
531 applications for new, renewal, or replacement licenses must
532 submit a written request to the department stating his or her
533 name, address, telephone number, each location within the county
534 at which the tax collector wishes to accept applications, and
535 other information as required by the department.
536 (a) Upon receipt of a written request, the department shall
537 review it and may decline to enter into a memorandum of
538 understanding or, if approved, may enter into a memorandum of
539 understanding with the tax collector to accept applications for
540 new or renewal licenses on behalf of the department.
541 (b) The department may rescind a memorandum of
542 understanding for any reason at any time.
543 (3) All information provided pursuant to s. 493.6105 or s.
544 493.6113 and contained in the records of a tax collector
545 appointed under this section which is confidential pursuant to
546 s. 493.6122, or any other state or federal law, retains its
547 confidentiality.
548 (4) A person may not handle an application for a license
549 issued pursuant to this chapter for a fee or compensation of any
550 kind unless he or she has been appointed by the department to do
551 so.
552 (5) A tax collector appointed under this section may
553 collect and retain a convenience fee of $22 for each new
554 application, $12 for each renewal application, $12 for each
555 replacement license, $9 for fingerprinting services associated
556 with the completion of an application submitted online or by
557 mail, and $9 for photography services associated with the
558 completion of an application submitted online or by mail, and
559 shall remit weekly to the department the license fees pursuant
560 to chapter 493 for deposit in the Division of Licensing Trust
561 Fund.
562 (6) A person who willfully violates this section commits a
563 misdemeanor of the second degree, punishable as provided in s.
564 775.082 or s. 775.083.
565 (7) Upon receipt of a completed renewal or replacement
566 application, a new color photograph, and appropriate payment of
567 required fees, a tax collector authorized to accept renewal or
568 replacement applications for licenses under this section may,
569 upon approval and confirmation of license issuance by the
570 department, print and deliver a license to a licensee renewing
571 or replacing his or her license at the tax collector’s office.
572 Section 16. Subsection (28) is added to section 496.404,
573 Florida Statutes, to read:
574 496.404 Definitions.—As used in ss. 496.401-496.424, the
575 term:
576 (28) “Street address” means the physical location where
577 activities subject to regulation under this chapter are
578 conducted or where an applicant, licensee, or other referenced
579 individual actually resides. The term does not include a virtual
580 office, a post office box, or a mail drop.
581 Section 17. Present paragraphs (d) through (g) of
582 subsection (2) of section 496.405, Florida Statutes, are
583 redesignated as paragraphs (e) through (h), respectively, a new
584 paragraph (d) is added to that subsection, and paragraphs (b)
585 and (d) of subsection (1), subsection (3), paragraph (a) of
586 subsection (4), and paragraph (b) of subsection (7) of that
587 section are amended, to read:
588 496.405 Registration statements by charitable organizations
589 and sponsors.—
590 (1) A charitable organization or sponsor, unless exempted
591 pursuant to s. 496.406, which intends to solicit contributions
592 in or from this state by any means or have funds solicited on
593 its behalf by any other person, charitable organization,
594 sponsor, commercial co-venturer, or professional solicitor, or
595 that participates in a charitable sales promotion or sponsor
596 sales promotion, must, before engaging in any of these
597 activities, file an initial registration statement, and a
598 renewal statement annually thereafter, with the department.
599 (b) Any changes to the information submitted to the
600 department pursuant to paragraph (2)(d) or paragraph (2)(e) on
601 the initial registration statement or the last renewal statement
602 must be reported to the department on a form prescribed by the
603 department within 10 days after the change occurs.
604 (d) The registration of a charitable organization or
605 sponsor may not continue in effect and shall expire without
606 further action of the department under either of the following
607 circumstances:
608 1. After the date the charitable organization or sponsor
609 should have filed, but failed to file, its renewal statement in
610 accordance with this section.
611 2. For failure to provide a financial statement within any
612 extension period provided under s. 496.407.
613 (2) The initial registration statement must be submitted on
614 a form prescribed by the department, signed by an authorized
615 official of the charitable organization or sponsor who shall
616 certify that the registration statement is true and correct, and
617 include the following information or material:
618 (d) The name and street address of each institution where
619 banking or similar monetary transactions are done by the
620 charitable organization or sponsor.
621 (3) Each chapter, branch, or affiliate of a parent
622 organization that is required to register under this section
623 must file a separate registration statement and financial
624 statement or report the required information to its parent
625 organization, which shall then file, on a form prescribed by the
626 department, a consolidated registration statement for the parent
627 organization and its Florida chapters, branches, and affiliates.
628 A consolidated registration statement filed by a parent
629 organization must include or be accompanied by financial
630 statements as specified in s. 496.407 for the parent
631 organization and each of its Florida chapters, branches, and
632 affiliates that solicited or received contributions during the
633 preceding fiscal year. However, if all contributions received by
634 chapters, branches, or affiliates are remitted directly into a
635 depository account that feeds directly into the parent
636 organization’s centralized accounting system from which all
637 disbursements are made, the parent organization may submit one
638 consolidated financial statement on a form prescribed by the
639 department. The consolidated financial statement must comply
640 with s. 496.407 and must reflect the activities of each chapter,
641 branch, or affiliate of the parent organization, including all
642 contributions received in the name of each chapter, branch, or
643 affiliate; all payments made to each chapter, branch, or
644 affiliate; and all administrative fees assessed to each chapter,
645 branch, or affiliate. A copy of Internal Revenue Service Form
646 990 and all attached schedules filed for the preceding fiscal
647 year, or a copy of Internal Revenue Service Form 990-EZ and
648 Schedule O for the preceding fiscal year, for the parent
649 organization and each Florida chapter, branch, or affiliate that
650 is required to file such forms must be attached to the
651 consolidated financial statement.
652 (4)(a) Every charitable organization, sponsor, or parent
653 organization filing on behalf of one or more chapters, branches,
654 or affiliates that is required to register under this section
655 must pay a single registration fee. A parent organization filing
656 on behalf of one or more chapters, branches, or affiliates shall
657 total all contributions received by the chapters, branches, or
658 affiliates included in the registration statement to determine
659 registration fees. Fees shall be assessed as follows:
660 1.a. Ten dollars, if the contributions received for the
661 last fiscal or calendar year were less than $5,000; or
662 b. Ten dollars, if the contributions actually raised or
663 received from the public during the immediately preceding fiscal
664 year by such organization or sponsor are no more than $50,000
665 and the fundraising activities of such organization or sponsor
666 are carried on by volunteers, members, officers, or permanent
667 employees, who are not compensated, primarily to solicit such
668 contributions, provided no part of the assets or income of such
669 organization or sponsor inures to the benefit of or is paid to
670 any officer or member of such organization or sponsor or to any
671 professional fundraising consultant, professional solicitor, or
672 commercial co-venturer;
673 2. Seventy-five dollars, if the contributions received for
674 the last fiscal year were $5,000 or more, but less than
675 $100,000;
676 3. One hundred twenty-five dollars, if the contributions
677 received for the last fiscal year were $100,000 or more, but
678 less than $200,000;
679 4. Two hundred dollars, if the contributions received for
680 the last fiscal year were $200,000 or more, but less than
681 $500,000;
682 5. Three hundred dollars, if the contributions received for
683 the last fiscal year were $500,000 or more, but less than $1
684 million;
685 6. Three hundred fifty dollars, if the contributions
686 received for the last fiscal year were $1 million or more, but
687 less than $10 million;
688 7. Four hundred dollars, if the contributions received for
689 the last fiscal year were $10 million or more.
690 (7)
691 (b) If a charitable organization or sponsor discloses
692 information specified in subparagraphs (2)(e)2.-7. subparagraphs
693 (2)(d)2.-7. in the initial registration statement or annual
694 renewal statement, the time limits set forth in paragraph (a)
695 are waived, and the department must shall process such initial
696 registration statement or annual renewal statement in accordance
697 with the time limits set forth in chapter 120. The registration
698 of a charitable organization or sponsor shall be automatically
699 suspended for failure to disclose any information specified in
700 subparagraphs (2)(e)2.-7. subparagraphs (2)(d)2.-7. until such
701 time as the required information is submitted to the department.
702 Section 18. Paragraph (d) of subsection (1) and paragraph
703 (a) of subsection (2) of section 496.406, Florida Statutes, are
704 amended to read:
705 496.406 Exemption from registration.—
706 (1) The following charitable organizations and sponsors are
707 exempt from the requirements of s. 496.405:
708 (d) A charitable organization or sponsor that has less than
709 $50,000 in total contributions revenue during a fiscal year if
710 the fundraising activities of such organization or sponsor are
711 carried on by volunteers, members, or officers who are not
712 compensated and no part of the assets or income of such
713 organization or sponsor inures to the benefit of or is paid to
714 any officer or member of such organization or sponsor or to any
715 professional fundraising consultant, professional solicitor, or
716 commercial co-venturer. If a charitable organization or sponsor
717 that has less than $50,000 in total contributions revenue during
718 a fiscal year actually acquires total contributions revenue
719 equal to or in excess of $50,000, the charitable organization or
720 sponsor must register with the department as required by s.
721 496.405 within 30 days after the date the contributions reach
722 revenue reaches $50,000.
723 (2) Before soliciting contributions, a charitable
724 organization or sponsor claiming to be exempt from the
725 registration requirements of s. 496.405 under paragraph (1)(d)
726 must submit annually to the department, on forms prescribed by
727 the department:
728 (a) The name, street address, and telephone number of the
729 charitable organization or sponsor, the name under which it
730 intends to solicit contributions, the purpose for which it is
731 organized, and the purpose or purposes for which the
732 contributions to be solicited will be used.
733 Section 19. Paragraph (a) of subsection (1) and subsection
734 (3) of section 496.407, Florida Statutes, are amended to read:
735 496.407 Financial statement.—
736 (1) A charitable organization or sponsor that is required
737 to initially register or annually renew registration must file
738 an annual financial statement for the immediately preceding
739 fiscal year on a form prescribed by the department.
740 (a) The statement must include the following:
741 1. A balance sheet.
742 2. A statement of support, revenue and expenses, and any
743 change in the fund balance.
744 3. The names and street addresses of the charitable
745 organizations or sponsors, professional fundraising consultant,
746 professional solicitors, and commercial co-venturers used, if
747 any, and the amounts received therefrom, if any.
748 4. A statement of functional expenses that must include,
749 but is not limited to, expenses in the following categories:
750 a. Program service costs.
751 b. Management and general costs.
752 c. Fundraising costs.
753 (3) Upon a showing of good cause by a charitable
754 organization or sponsor, The department may extend the time for
755 the filing of a financial statement required under this section
756 by up to 180 days, during which time the previous registration
757 shall remain active. The registration must shall be
758 automatically suspended for failure to file the financial
759 statement within the extension period.
760 Section 20. Paragraph (c) of subsection (2) of section
761 496.409, Florida Statutes, is amended to read:
762 496.409 Registration and duties of professional fundraising
763 consultant.—
764 (2) Applications for registration or renewal of
765 registration must be submitted on a form prescribed by the
766 department, signed by an authorized official of the professional
767 fundraising consultant who shall certify that the report is true
768 and correct, and must include the following information:
769 (c) The names and street residence addresses of all
770 principals of the applicant, including all officers, directors,
771 and owners.
772 Section 21. Paragraphs (d) and (j) of subsection (2),
773 paragraph (c) of subsection (6), paragraphs (a), (b), and (h) of
774 subsection (10), and subsection (11) of section 496.410, Florida
775 Statutes, are amended to read:
776 496.410 Registration and duties of professional
777 solicitors.—
778 (2) Applications for registration or renewal of
779 registration must be submitted on a form prescribed by rule of
780 the department, signed by an authorized official of the
781 professional solicitor who shall certify that the report is true
782 and correct, and must include the following information:
783 (d) The names and street residence addresses of all
784 principals of the applicant, including all officers, directors,
785 and owners.
786 (j) A list of all telephone numbers the applicant will use
787 to solicit contributions as well as the actual street physical
788 address associated with each telephone number and any fictitious
789 names associated with such address.
790 (6) No less than 15 days before commencing any solicitation
791 campaign or event, the professional solicitor must file with the
792 department a solicitation notice on a form prescribed by the
793 department. The notice must be signed and sworn to by the
794 contracting officer of the professional solicitor and must
795 include:
796 (c) The legal name and street residence address of each
797 person responsible for directing and supervising the conduct of
798 the campaign.
799 (10) During each solicitation campaign, and for not less
800 than 3 years after its completion, the professional solicitor
801 shall maintain the following records:
802 (a) The date and amount of each contribution received and
803 the name, street address, and telephone number of each
804 contributor.
805 (b) The name and residence street address of each employee,
806 agent, and any other person, however designated, who is involved
807 in the solicitation, the amount of compensation paid to each,
808 and the dates on which the payments were made.
809 (h) If a refund of a contribution has been requested, the
810 name and street address of each person requesting the refund,
811 and, if a refund was made, its amount and the date it was made.
812 (11) If the professional solicitor sells tickets to any
813 event and represents that the tickets will be donated for use by
814 another person, the professional solicitor also must shall
815 maintain for the same period as specified in subsection (10) the
816 following records:
817 (a) The name and street address of each contributor who
818 purchases or donates tickets and the number of tickets purchased
819 or donated by the contributor.
820 (b) The name and street address of each organization that
821 receives the donated tickets for the use of others, and the
822 number of tickets received by the organization.
823 Section 22. Paragraph (a) of subsection (2) of section
824 496.4101, Florida Statutes, is amended to read:
825 496.4101 Licensure of professional solicitors and certain
826 employees thereof.—
827 (2) Persons required to obtain a solicitor license under
828 subsection (1) shall submit to the department, in such form as
829 the department prescribes, an application for a solicitor
830 license. The application must include the following information:
831 (a) The true name, date of birth, unique identification
832 number of a driver license or other valid form of
833 identification, and street home address of the applicant.
834 Section 23. Paragraph (c) of subsection (2) of section
835 496.411, Florida Statutes, is amended, and paragraph (e) of that
836 subsection is reenacted, to read:
837 496.411 Disclosure requirements and duties of charitable
838 organizations and sponsors.—
839 (2) A charitable organization or sponsor soliciting in this
840 state must include all of the following disclosures at the point
841 of solicitation:
842 (c) Upon request, the name and either the street address or
843 telephone number of a representative to whom inquiries may be
844 addressed.
845 (e) Upon request, the source from which a written financial
846 statement may be obtained. Such financial statement must be for
847 the immediate preceding fiscal year and must be consistent with
848 the annual financial statement filed under s. 496.407. The
849 written financial statement must be provided within 14 days
850 after the request and must state the purpose for which funds are
851 raised, the total amount of all contributions raised, the total
852 costs and expenses incurred in raising contributions, the total
853 amount of contributions dedicated to the stated purpose or
854 disbursed for the stated purpose, and whether the services of
855 another person or organization have been contracted to conduct
856 solicitation activities.
857 Section 24. Paragraph (a) of subsection (2) of section
858 496.4121, Florida Statutes, is amended to read:
859 496.4121 Collection receptacles used for donations.—
860 (2) A collection receptacle must display a permanent sign
861 or label on each side which contains the following information
862 printed in letters that are at least 3 inches in height and no
863 less than one-half inch in width, in a color that contrasts with
864 the color of the collection receptacle:
865 (a) For a collection receptacle used by a person required
866 to register under this chapter, the name, street business
867 address, telephone number, and registration number of the
868 charitable organization or sponsor for whom the solicitation is
869 made.
870 Section 25. Paragraph (a) of subsection (2) and subsection
871 (6) of section 496.425, Florida Statutes, are amended to read:
872 496.425 Solicitation of funds within public transportation
873 facilities.—
874 (2) Any person desiring to solicit funds within a facility
875 shall first obtain a written permit therefor from the authority
876 responsible for the administration of the facility.
877 (a) An application in writing for such permit must shall be
878 submitted to the authority and must state shall set forth:
879 1. The full name, street mailing address, and telephone
880 number of the person or organization sponsoring, promoting, or
881 conducting the proposed activities;
882 2. The full name, street mailing address, and telephone
883 number of each person who will participate in such activities
884 and of the person who will have supervision of and
885 responsibility for the proposed activities;
886 3. A description of the proposed activities indicating the
887 type of communication to be involved;
888 4. The dates on and the hours during which the activities
889 are proposed to be carried out and the expected duration of the
890 proposed activities; and
891 5. The number of persons to be engaged in such activities.
892 (6) Each individual solicitor shall display prominently on
893 her or his person a badge or insignia, provided by the solicitor
894 and approved by the authority, bearing the signature of a
895 responsible officer of the authority and that of the solicitor
896 and describing the solicitor by name, age, height, weight, eye
897 color, hair color, street address, and principal occupation and
898 indicating the name of the organization for which funds are
899 solicited.
900 Section 26. Effective upon this act becoming a law, present
901 paragraphs (k) through (y) of subsection (1) of section 500.03,
902 Florida Statutes, are redesignated as paragraphs (l) through
903 (z), respectively, and a new paragraph (k) is added to that
904 subsection, to read:
905 500.03 Definitions; construction; applicability.—
906 (1) For the purpose of this chapter, the term:
907 (k) “Cultivated meat” means any meat or food product
908 produced from cultured animal cells.
909 Section 27. Effective upon this act becoming a law, section
910 500.452, Florida Statutes, is created to read:
911 500.452 Cultivated meat; prohibition; penalties.—
912 (1) It is unlawful for any person to manufacture, sell,
913 hold or offer for sale, or distribute cultivated meat in this
914 state.
915 (2) A person who violates this section commits a
916 misdemeanor of the second degree, punishable as provided in s.
917 775.082 or s. 775.083.
918 (3) A food establishment that manufactures, distributes, or
919 sells cultivated meat in violation of this section is subject to
920 disciplinary action pursuant to s. 500.121.
921 (4) In addition to the penalties provided in this section,
922 the license of any restaurant, store, or other business may be
923 suspended as provided in the applicable licensing law upon the
924 conviction of an owner or employee of that business for a
925 violation of this section in connection with that business.
926 (5) A product found to be in violation of this section is
927 subject to s. 500.172 and an immediate stop-sale order.
928 (6) The department may adopt rules to implement this
929 section.
930 Section 28. Subsection (10) is added to section 507.07,
931 Florida Statutes, to read:
932 507.07 Violations.—It is a violation of this chapter:
933 (10) For a mover to place a shipper’s goods in a self
934 service storage unit or self-contained storage unit owned by
935 anyone other than the mover unless those goods are stored in the
936 name of the shipper and the shipper contracts directly with the
937 owner of the self-service storage unit or self-contained storage
938 unit.
939 Section 29. Section 531.67, Florida Statutes, is repealed.
940 Section 30. Paragraphs (d) and (e) of subsection (1) and
941 paragraph (a) of subsection (3) of section 559.904, Florida
942 Statutes, are amended to read:
943 559.904 Motor vehicle repair shop registration;
944 application; exemption.—
945 (1) Each motor vehicle repair shop engaged or attempting to
946 engage in the business of motor vehicle repair work must
947 register with the department prior to doing business in this
948 state. The application for registration must be on a form
949 provided by the department and must include at least the
950 following information:
951 (d) Copies of all licenses, permits, and certifications
952 obtained by the applicant or employees of the applicant.
953 (e) Number of employees who perform repairs at each
954 location or whom which the applicant intends to employ or which
955 are currently employed.
956 (3)(a) Each application for registration must be
957 accompanied by a registration fee for each location calculated
958 on a per-year basis as follows:
959 1. If the place of business has 1 to 5 employees who
960 perform repairs: $50.
961 2. If the place of business has 6 to 10 employees who
962 perform repairs: $150.
963 3. If the place of business has 11 or more employees who
964 perform repairs: $300.
965 Section 31. Subsections (1) and (2) of section 559.905,
966 Florida Statutes, are amended to read:
967 559.905 Written motor vehicle repair estimate and
968 disclosure statement required.—
969 (1) When any customer requests a motor vehicle repair shop
970 to perform repair work on a motor vehicle, the cost of which
971 repair work will exceed $150 $100 to the customer, the shop
972 shall prepare a written repair estimate, which is a form setting
973 forth the estimated cost of repair work, including diagnostic
974 work, before effecting any diagnostic work or repair. The
975 written repair estimate must shall also include all of the
976 following items:
977 (a) The name, address, and telephone number of the motor
978 vehicle repair shop.
979 (b) The name, address, and telephone number of the
980 customer.
981 (c) The date and time of the written repair estimate.
982 (d) The year, make, model, odometer reading, and license
983 tag number of the motor vehicle.
984 (e) The proposed work completion date.
985 (f) A general description of the customer’s problem or
986 request for repair work or service relating to the motor
987 vehicle.
988 (g) A statement as to whether the customer is being charged
989 according to a flat rate or an hourly rate, or both.
990 (h) The estimated cost of repair which must shall include
991 any charge for shop supplies or for hazardous or other waste
992 removal and, if a charge is included, the estimate must shall
993 include the following statement:
994
995 “This charge represents costs and profits to the motor
996 vehicle repair facility for miscellaneous shop
997 supplies or waste disposal.”
998
999 If a charge is mandated by state or federal law, the estimate
1000 must shall contain a statement identifying the law and the
1001 specific amount charged under the law.
1002 (i) The charge for making a repair price estimate or, if
1003 the charge cannot be predetermined, the basis on which the
1004 charge will be calculated.
1005 (j) The customer’s intended method of payment.
1006 (k) The name and telephone number of another person who may
1007 authorize repair work, if the customer desires to designate such
1008 person.
1009 (l) A statement indicating what, if anything, is guaranteed
1010 in connection with the repair work and the time and mileage
1011 period for which the guarantee is effective.
1012 (m) A statement allowing the customer to indicate whether
1013 replaced parts should be saved for inspection or return.
1014 (n) A statement indicating the daily charge for storing the
1015 customer’s motor vehicle after the customer has been notified
1016 that the repair work has been completed. However, no storage
1017 charges may not shall accrue or be due and payable for a period
1018 of 3 working days from the date after of such notification.
1019 (2) If the cost of repair work will exceed $150 $100, the
1020 shop must shall present to the customer a written notice
1021 conspicuously disclosing, in a separate, blocked section, only
1022 the following statement, in capital letters of at least 12-point
1023 type:
1024
1025 PLEASE READ CAREFULLY, CHECK ONE OF THE STATEMENTS BELOW, AND
1026 SIGN:
1027 I UNDERSTAND THAT, UNDER STATE LAW, I AM ENTITLED TO A
1028 WRITTEN ESTIMATE IF MY FINAL BILL WILL EXCEED $150 $100.
1029
1030 .... I REQUEST A WRITTEN ESTIMATE.
1031
1032 .... I DO NOT REQUEST A WRITTEN ESTIMATE AS LONG AS THE
1033 REPAIR COSTS DO NOT EXCEED $..... THE SHOP MAY NOT EXCEED THIS
1034 AMOUNT WITHOUT MY WRITTEN OR ORAL APPROVAL.
1035
1036 .... I DO NOT REQUEST A WRITTEN ESTIMATE.
1037
1038 SIGNED ............ DATE ....
1039
1040 Section 32. Subsection (38), of section 570.07, Florida
1041 Statutes, is amended to read:
1042 570.07 Department of Agriculture and Consumer Services;
1043 functions, powers, and duties.—The department shall have and
1044 exercise the following functions, powers, and duties:
1045 (38) To repair or build structures, from existing
1046 appropriations authority, notwithstanding chapters 216 and 255,
1047 not to exceed a cost of $500,000 $250,000 per structure. These
1048 structures must meet all applicable building codes.
1049 Section 33. Section 570.69, Florida Statutes, is amended to
1050 read:
1051 570.69 Definitions; ss. 570.69 and 570.691.—For the purpose
1052 of this section and s. 570.691:
1053 (1) “Center” means the Florida Agricultural Legacy Learning
1054 Center.
1055 (2) “Designated program” means the departmental program
1056 that which a direct-support organization has been created to
1057 support.
1058 (3)(2) “Direct-support organization” or “organization”
1059 means an organization that which is a Florida corporation not
1060 for profit incorporated under chapter 617 and approved by the
1061 department to operate for the benefit of a museum or a
1062 designated program.
1063 (3) “Museum” means the Florida Agricultural Museum, which
1064 is designated as the museum for agriculture and rural history of
1065 the State of Florida.
1066 Section 34. Subsections (1), (2), (4), (5), and (7) of
1067 section 570.691, Florida Statutes, are amended to read:
1068 570.691 Direct-support organization.—
1069 (1) The department may authorize the establishment of
1070 direct-support organizations to provide assistance, funding, and
1071 promotional support for the museums and other programs of the
1072 department. The following provisions shall govern the creation,
1073 use, powers, and duties of the direct-support organizations:
1074 (a) The department shall enter into a memorandum or letter
1075 of agreement with the direct-support organization, which must
1076 shall specify the approval of the department, the powers and
1077 duties of the direct-support organization, and rules with which
1078 the direct-support organization must comply.
1079 (b) The department may authorize, without charge,
1080 appropriate use of property, facilities, and personnel of the
1081 department by the direct-support organization. The use must
1082 shall be for the approved purposes of the direct-support
1083 organization and may not be made at times or places that would
1084 unreasonably interfere with opportunities for the general public
1085 to use department facilities.
1086 (c) The department shall prescribe by agreement conditions
1087 with which the direct-support organization must comply in order
1088 to use property, facilities, or personnel of the department.
1089 Such conditions must shall provide for budget and audit review
1090 and oversight by the department.
1091 (d) The department may not authorize the use of property,
1092 facilities, or personnel of the center museum, department, or
1093 designated program by the direct-support organization that does
1094 not provide equal employment opportunities to all persons
1095 regardless of race, color, religion, sex, age, or national
1096 origin.
1097 (2)(a) The direct-support organization may conduct programs
1098 and activities; raise funds; request and receive grants, gifts,
1099 and bequests of money; acquire, receive, hold, invest, and
1100 administer, in its own name, securities, funds, objects of
1101 value, or other property, real or personal; and make
1102 expenditures to or for the direct or indirect benefit of the
1103 center museum or designated program.
1104 (b) Notwithstanding the provisions of s. 287.025(1)(e), the
1105 direct-support organization may enter into contracts to insure
1106 property of the center museum or designated programs and may
1107 insure objects or collections on loan from others in satisfying
1108 security terms of the lender.
1109 (4) A department employee, direct-support organization or
1110 center museum employee, volunteer, or director, or designated
1111 program may not do either of the following:
1112 (a) Receive a commission, fee, or financial benefit in
1113 connection with the sale or exchange of real or personal
1114 property or historical objects to the direct-support
1115 organization, the center museum, or the designated program.; or
1116 (b) Be a business associate of any individual, firm, or
1117 organization involved in the sale or exchange of real or
1118 personal property to the direct-support organization, the center
1119 museum, or the designated program.
1120 (5) All moneys received by the direct-support organization
1121 shall be deposited into an account of the direct-support
1122 organization and must shall be used by the organization in a
1123 manner consistent with the goals of the center museum or
1124 designated program.
1125 (7) The Commissioner of Agriculture, or the commissioner’s
1126 designee, may serve on the board of trustees and the executive
1127 committee of any direct-support organization established to
1128 benefit the center museum or any designated program.
1129 Section 35. Section 570.692, Florida Statutes, is amended
1130 to read:
1131 570.692 Florida Agricultural Legacy Learning Center
1132 Museum.—The Florida Agricultural Legacy Learning Center Museum
1133 is designated as the legacy learning center for museum of
1134 agriculture and rural history of this the state of Florida and
1135 is hereby established within the department.
1136 Section 36. Section 581.189, Florida Statutes, is created
1137 to read:
1138 581.189 Dealing in, buying, transporting, and processing
1139 saw palmetto berries.—
1140 (1) As used in this section, the term:
1141 (a) “Harvest” or “harvesting” means to dig up, remove, or
1142 cut and remove saw palmetto berries from the place where they
1143 are grown.
1144 (b) “Harvester” means a person, firm, or corporation that
1145 takes, harvests, or attempts to take or harvest saw palmetto
1146 berries.
1147 (c) “Landowner” means:
1148 1. The public agency administering any public lands; or
1149 2. The person who holds legal title to the real property
1150 from which saw palmetto berries are harvested or the person
1151 having possession, control, or use of that land which has lawful
1152 authority to grant permission to harvest saw palmetto berries
1153 from the land.
1154 (d) “Person” means an individual, a partnership, a
1155 corporation, an association, or any other legal entity.
1156 (e) “Saw palmetto berries” means the fruit of the plant
1157 Serenoa repens, commonly known as the saw palmetto.
1158 (f) “Saw palmetto berry dealer” means a person that
1159 purchases or otherwise obtains saw palmetto berries from a
1160 seller for the purpose of selling the saw palmetto berries at
1161 retail or for the purpose of selling the saw palmetto berries to
1162 another saw palmetto berry dealer or for both such purposes.
1163 This term also includes a person who purchases saw palmetto
1164 berries directly from a landowner for the purpose of selling the
1165 saw palmetto berries at retail.
1166 (g) “Seller” means a person that exchanges or offers to
1167 exchange saw palmetto berries for money or for any other
1168 valuable consideration.
1169 (2) It is unlawful for any person to willfully destroy,
1170 harvest, or sell saw palmetto berries on the private land of
1171 another or on any public land without first obtaining written
1172 permission from the landowner or legal representative of the
1173 landowner and a permit from the department as provided in s.
1174 581.185. The landowner’s written permission must include all of
1175 the following information:
1176 (a) The name, address, and telephone number of the
1177 landowner.
1178 (b) The start date, end date, and location, including
1179 county, of the harvest.
1180 (c) The landowner’s actual or electronic signature.
1181 (3)(a) A saw palmetto berry dealer that purchases saw
1182 palmetto berries from a landowner or a person harvesting saw
1183 palmetto berries from another’s property shall:
1184 1. Maintain a bill of lading, a copy of the harvester’s
1185 entire permit, as provided in s. 581.185, a copy of the
1186 landowner’s written permission to harvest, and all of the
1187 following:
1188 a. The name, address, and telephone number of the seller.
1189 b. The date or dates of harvesting.
1190 c. The weight, quantity, or volume and a description of the
1191 type of saw palmetto berries harvested.
1192 d. A scan or photocopy of a valid government-issued photo
1193 identification card of such person.
1194 (b) A person required to maintain the information under
1195 paragraph (a) shall retain such records for at least 2 years
1196 from the date the harvest ends.
1197 (4)(a) When any law enforcement officer or any authorized
1198 employee of the department finds that any saw palmetto berries
1199 are being harvested, offered for sale, or exposed for sale in
1200 violation of this section, the law enforcement officer or
1201 authorized department employee may seize or order such saw
1202 palmetto berries be held at a designated location until the
1203 individual:
1204 1. Provides the officer or employee with the required
1205 permit and landowner’s written permission to harvest, within 7
1206 calendar days following the seizure; or
1207 2. Legally disposes of the saw palmetto berries in
1208 accordance with this section.
1209 (b) A law enforcement officer or authorized department
1210 employee shall release the saw palmetto berries when the
1211 requirements of this section are met.
1212 (5) Unlawfully harvested saw palmetto berries constitute
1213 contraband and are subject to seizure and disposal by the
1214 seizing law enforcement agency or the department.
1215 (a) Notwithstanding any other provision of law, a law
1216 enforcement agency that seizes saw palmetto berries harvested or
1217 possessed in violation of this section or unlawfully harvested
1218 in violation of s. 581.185, or in violation of any other state
1219 or federal law, may sell such saw palmetto berries and retain
1220 the proceeds of the sale for the enforcement of this section.
1221 Law enforcement agencies selling contraband saw palmetto berries
1222 are exempt from s. 581.185.
1223 (b) Law enforcement agencies that seize unlawfully
1224 harvested saw palmetto berries shall submit annually to the
1225 department, in the manner prescribed by department rule:
1226 1. The quantity and a description of the saw palmetto
1227 berries seized; and
1228 2. The location from which the saw palmetto berries were
1229 harvested, if known.
1230 (6)(a) A harvester that exchanges or offers to exchange saw
1231 palmetto berries with a saw palmetto dealer, seller, or
1232 processor for money or any other valuable consideration without
1233 first presenting to the saw palmetto berry dealer, seller,
1234 processor the person’s entire permit, as provided in s. 581.185,
1235 or the landowner’s written permission commits a misdemeanor of
1236 the first degree, punishable as provided in s. 775.082 or s.
1237 775.083.
1238 (b) A person required to maintain records as required in
1239 this section that fails to maintain such record for the time
1240 period specified in paragraph (3)(b) commits a misdemeanor of
1241 the first degree, punishable as provided in s. 775.082 or s.
1242 775.083.
1243 (c) A person that willfully destroys or harvests saw
1244 palmetto berries without first obtaining the landowner’s written
1245 permission to harvest as required by subsection (2) or a permit
1246 as required by s. 581.185 commits a felony of the third degree,
1247 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1248 (d) A saw palmetto berry dealer, buyer, processor,
1249 harvester, or seller that presents a false, forged, or altered
1250 document purporting to be a landowner’s written permission or
1251 the permit required by s. 581.185 commits a felony of the third
1252 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1253 775.084.
1254 (e) A saw palmetto berry dealer, transporter, or processor
1255 that exchanges, offers to exchange for money or any other
1256 valuable consideration, or possesses unlawfully harvested saw
1257 palmetto berries commits a felony of the third degree,
1258 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1259 (7)(a) A person convicted of a violation of this section is
1260 responsible for:
1261 1. All reasonable costs incurred by the responding law
1262 enforcement agencies and the department, including, but not
1263 limited to, investigative costs; and
1264 2. Restitution to the landowner in an amount equal to the
1265 fair market value of the saw palmetto berries unlawfully
1266 harvested.
1267 (b) For the purposes of this subsection, the term
1268 “convicted” means that there has been a determination of guilt
1269 as a result of trial or the entry of a plea of guilty or nolo
1270 contendere, regardless of whether adjudication is withheld.
1271 (8) This section does not affect any other person that
1272 legally harvests or handles saw palmetto berries from up to two
1273 plants for home or personal use.
1274 (9) The department shall adopt rules to administer this
1275 section.
1276 Section 37. Subsection (13) of section 585.01, Florida
1277 Statutes, is amended to read:
1278 585.01 Definitions.—In construing this part, where the
1279 context permits, the word, phrase, or term:
1280 (13) “Livestock” means grazing animals, such as cattle,
1281 horses, sheep, swine, goats, other hoofed animals, poultry,
1282 ostriches, emus, and rheas, which are raised for private use or
1283 commercial purposes.
1284 Section 38. Subsections (5) and (8) of section 790.0625,
1285 Florida Statutes, are amended, and subsections (9) and (10) are
1286 added to that section, to read:
1287 790.0625 Appointment of tax collectors to accept
1288 applications for a concealed weapon or firearm license; fees;
1289 penalties.—
1290 (5) A tax collector appointed under this section may
1291 collect and retain a convenience fee of $22 for each new
1292 application, and $12 for each renewal application, $12 for each
1293 replacement license, $9 for fingerprinting services associated
1294 with the completion of an application submitted online or by
1295 mail, and $9 for photographing services associated with the
1296 completion of an application submitted online or by mail, and
1297 shall remit weekly to the department the license fees pursuant
1298 to s. 790.06 for deposit in the Division of Licensing Trust
1299 Fund.
1300 (8) Upon receipt of a completed renewal application, a new
1301 color photograph, and appropriate payment of required fees, a
1302 tax collector authorized to accept renewal applications for
1303 concealed weapon or firearm licenses under this section may,
1304 upon approval and confirmation of license issuance by the
1305 department, print and deliver a concealed weapon or firearm
1306 license to a licensee renewing his or her license at the tax
1307 collector’s office.
1308 (9) Upon receipt of a statement under oath to the
1309 department and payment of required fees, a tax collector
1310 authorized to accept an application for a concealed weapon or
1311 firearm license under this section may, upon approval and
1312 confirmation from the department that a license is in good
1313 standing, print and deliver a concealed weapon or firearm
1314 license to a licensee whose license has been lost or destroyed.
1315 (10) Tax collectors authorized to accept an application for
1316 a concealed weapon or firearm license under this section may
1317 provide fingerprinting and photographing services to aid
1318 concealed weapon and firearm applicants and licensees with
1319 initial and renewal applications submitted online or by mail.
1320 Section 39. Paragraph (a) of subsection (5) of section
1321 810.011, Florida Statutes, is amended to read:
1322 810.011 Definitions.—As used in this chapter:
1323 (5)(a) “Posted land” is land upon which any of the
1324 following are placed:
1325 1. Signs placed not more than 500 feet apart along and at
1326 each corner of the boundaries of the land or, for land owned by
1327 a water control district that exists pursuant to chapter 298 or
1328 was created by special act of the Legislature, signs placed at
1329 or near the intersection of any district canal right-of-way and
1330 a road right-of-way or, for land classified as agricultural
1331 pursuant to s. 193.461, signs placed at each point of ingress
1332 and at each corner of the boundaries of the agricultural land,
1333 which prominently display in letters of not less than 2 inches
1334 in height the words “no trespassing” and the name of the owner,
1335 lessee, or occupant of the land. The signs must be placed along
1336 the boundary line of posted land in a manner and in such
1337 position as to be clearly noticeable from outside the boundary
1338 line; or
1339 2.a. A conspicuous no trespassing notice is painted on
1340 trees or posts on the property, provided that the notice is:
1341 (I) Painted in an international orange color and displaying
1342 the stenciled words “No Trespassing” in letters no less than 2
1343 inches high and 1 inch wide either vertically or horizontally;
1344 (II) Placed so that the bottom of the painted notice is not
1345 less than 3 feet from the ground or more than 5 feet from the
1346 ground; and
1347 (III) Placed at locations that are readily visible to any
1348 person approaching the property and no more than 500 feet apart
1349 on agricultural land.
1350 b. When a landowner uses the painted no trespassing posting
1351 to identify a no trespassing area, those painted notices must be
1352 accompanied by signs complying with subparagraph 1. and must be
1353 placed conspicuously at all places where entry to the property
1354 is normally expected or known to occur.
1355 Section 40. Subsection (2) of section 810.09, Florida
1356 Statutes, is amended to read:
1357 810.09 Trespass on property other than structure or
1358 conveyance.—
1359 (2)(a) Except as provided in this subsection, trespass on
1360 property other than a structure or conveyance is a misdemeanor
1361 of the first degree, punishable as provided in s. 775.082 or s.
1362 775.083.
1363 (a)(b) If the offender defies an order to leave, personally
1364 communicated to the offender by the owner of the premises or by
1365 an authorized person, or if the offender willfully opens any
1366 door, fence, or gate or does any act that exposes animals,
1367 crops, or other property to waste, destruction, or freedom;
1368 unlawfully dumps litter on property; or trespasses on property
1369 other than a structure or conveyance, the offender commits a
1370 misdemeanor of the first degree, punishable as provided in s.
1371 775.082 or s. 775.083.
1372 (b)(c) If the offender is armed with a firearm or other
1373 dangerous weapon during the commission of the offense of
1374 trespass on property other than a structure or conveyance, he or
1375 she commits is guilty of a felony of the third degree,
1376 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1377 Any owner or person authorized by the owner may, for prosecution
1378 purposes, take into custody and detain, in a reasonable manner,
1379 for a reasonable length of time, any person when he or she
1380 reasonably believes that a violation of this paragraph has been
1381 or is being committed, and that the person to be taken into
1382 custody and detained has committed or is committing the
1383 violation. If a person is taken into custody, a law enforcement
1384 officer must shall be called as soon as is practicable after the
1385 person has been taken into custody. The taking into custody and
1386 detention in compliance with the requirements of this paragraph
1387 does not result in criminal or civil liability for false arrest,
1388 false imprisonment, or unlawful detention.
1389 (c)(d) The offender commits a felony of the third degree,
1390 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
1391 if the property trespassed is a construction site that is:
1392 1. Greater than 1 acre in area and is legally posted and
1393 identified in substantially the following manner: “THIS AREA IS
1394 A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON
1395 THIS PROPERTY COMMITS A FELONY.”; or
1396 2. One acre or less in area and is identified as such with
1397 a sign that appears prominently, in letters of not less than 2
1398 inches in height, and reads in substantially the following
1399 manner: “THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE
1400 WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.” The sign must
1401 shall be placed at the location on the property where the
1402 permits for construction are located. For construction sites of
1403 1 acre or less as provided in this subparagraph, it may shall
1404 not be necessary to give notice by posting as defined in s.
1405 810.011(5).
1406 (d)(e) The offender commits a felony of the third degree,
1407 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
1408 if the property trespassed upon is commercial horticulture
1409 property and the property is legally posted and identified in
1410 substantially the following manner: “THIS AREA IS DESIGNATED
1411 COMMERCIAL PROPERTY FOR HORTICULTURE PRODUCTS, AND ANYONE WHO
1412 TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”
1413 (e)(f) The offender commits a felony of the third degree,
1414 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
1415 if the property trespassed upon is an agricultural site for
1416 testing or research purposes that is legally posted and
1417 identified in substantially the following manner: “THIS AREA IS
1418 A DESIGNATED AGRICULTURAL SITE FOR TESTING OR RESEARCH PURPOSES,
1419 AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”
1420 (f)(g) The offender commits a felony of the third degree,
1421 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
1422 if the property trespassed upon is a domestic violence center
1423 certified under s. 39.905 which is legally posted and identified
1424 in substantially the following manner: “THIS AREA IS A
1425 DESIGNATED RESTRICTED SITE, AND ANYONE WHO TRESPASSES ON THIS
1426 PROPERTY COMMITS A FELONY.”
1427 (g)(h) Any person who in taking or attempting to take any
1428 animal described in s. 379.101(19) or (20), or in killing,
1429 attempting to kill, or endangering any animal described in s.
1430 585.01(13) knowingly propels or causes to be propelled any
1431 potentially lethal projectile over or across private land
1432 without authorization commits trespass, a felony of the third
1433 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1434 775.084. For purposes of this paragraph, the term “potentially
1435 lethal projectile” includes any projectile launched from any
1436 firearm, bow, crossbow, or similar tensile device. This section
1437 does not apply to any governmental agent or employee acting
1438 within the scope of his or her official duties.
1439 (h)(i) The offender commits a felony of the third degree,
1440 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
1441 if the property trespassed upon is an agricultural chemicals
1442 manufacturing facility that is legally posted and identified in
1443 substantially the following manner: “THIS AREA IS A DESIGNATED
1444 AGRICULTURAL CHEMICALS MANUFACTURING FACILITY, AND ANYONE WHO
1445 TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”
1446 (i)1.(j)1. The offender commits a felony of the third
1447 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1448 775.084, if the offender trespasses with the intent to injure
1449 another person, damage property, or impede the operation or use
1450 of an aircraft, runway, taxiway, ramp, or apron area, and the
1451 property trespassed upon is the operational area of an airport
1452 that is legally posted and identified in substantially the
1453 following manner: “THIS AREA IS A DESIGNATED OPERATIONAL AREA OF
1454 AN AIRPORT, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A
1455 FELONY.”
1456 2. For purposes of this paragraph, the term “operational
1457 area of an airport” means any portion of an airport to which
1458 access by the public is prohibited by fences or appropriate
1459 signs and includes runways, taxiways, ramps, apron areas,
1460 aircraft parking and storage areas, fuel storage areas,
1461 maintenance areas, and any other area of an airport used or
1462 intended to be used for landing, takeoff, or surface maneuvering
1463 of aircraft.
1464 (j) The offender commits a felony of the third degree,
1465 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
1466 if the offender trespasses with the intent to commit a crime on
1467 commercial agricultural property that is legally posted and
1468 identified by signs in letters of at least 2 inches at each
1469 pedestrian and vehicle entrance in substantially the following
1470 manner: “THIS AREA IS A DESIGNATED COMMERCIAL AGRICULTURAL
1471 PROPERTY, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A
1472 FELONY.”
1473 1. A first-time offender who is under 18 years of age at
1474 the time he or she commits the crime specified in this paragraph
1475 must be given the option of participating in a diversion program
1476 described in s. 958.12, s. 985.125, s. 985.155, or s. 985.16 or
1477 a program to which a referral is made by a state attorney under
1478 s. 985.15.
1479 2. For the purpose of this paragraph, the term “commercial
1480 agricultural property” means property cleared of its natural
1481 vegetation or fenced for the purposes of planting, growing,
1482 harvesting, processing, raising, producing, or storing plant or
1483 animal commercial commodities.
1484 Section 41. Subsection (5) is added to section 1003.24,
1485 Florida Statutes, to read:
1486 1003.24 Parents responsible for attendance of children;
1487 attendance policy.—Each parent of a child within the compulsory
1488 attendance age is responsible for the child’s school attendance
1489 as required by law. The absence of a student from school is
1490 prima facie evidence of a violation of this section; however,
1491 criminal prosecution under this chapter may not be brought
1492 against a parent until the provisions of s. 1003.26 have been
1493 complied with. A parent of a student is not responsible for the
1494 student’s nonattendance at school under any of the following
1495 conditions:
1496 (5) AGRICULTURAL SCHOOL ACTIVITIES.—
1497 (a) A student who participates in an activity or program
1498 sponsored by 4-H or Future Farmers of America (FFA) must be
1499 credited with an excused absence by the school in which he or
1500 she is enrolled in the same manner as any other excused absence
1501 is credited. Any such participation in an activity or program
1502 sponsored by 4-H or FFA may not be counted as an unexcused
1503 absence, for any day, portion of a day, or days missed from
1504 school.
1505 (b) Upon request from a school principal or the principal’s
1506 designee, a 4-H or FFA representative shall provide
1507 documentation as proof of a student’s participation in an
1508 activity or program sponsored by 4-H or FFA.
1509 (c) As used in this subsection, the term “4-H
1510 representative” means an individual officially recognized or
1511 designated by the Florida Cooperative Extension Service 4-H
1512 Program as a 4-H professional or a 4-H adult volunteer.
1513
1514 Each district school board shall establish an attendance policy
1515 that includes, but is not limited to, the required number of
1516 days each school year that a student must be in attendance and
1517 the number of absences and tardinesses after which a statement
1518 explaining such absences and tardinesses must be on file at the
1519 school. Each school in the district must determine if an absence
1520 or tardiness is excused or unexcused according to criteria
1521 established by the district school board.
1522 Section 42. Paragraph (b) of subsection (2) of section
1523 379.3004, Florida Statutes, is amended to read:
1524 379.3004 Voluntary Authorized Hunter Identification
1525 Program.—
1526 (2) Any person hunting on private land enrolled in the
1527 Voluntary Authorized Hunter Identification Program shall have
1528 readily available on the land at all times when hunting on the
1529 property written authorization from the owner or his or her
1530 authorized representative to be on the land for the purpose of
1531 hunting. The written authorization shall be presented on demand
1532 to any law enforcement officer, the owner, or the authorized
1533 agent of the owner.
1534 (b) Failure by any person hunting on private land enrolled
1535 in the program to present written authorization to hunt on that
1536 said land to any law enforcement officer or the owner or
1537 representative thereof within 7 days after of demand shall be
1538 prima facie evidence of violation of s. 810.09(2)(b) s.
1539 810.09(2)(c), punishable as provided in s. 775.082, s. 775.083,
1540 or s. 775.084. However, such evidence may be contradicted or
1541 rebutted by other evidence.
1542 Section 43. Paragraph (c) of subsection (2) of section
1543 812.014, Florida Statutes, is amended to read:
1544 812.014 Theft.—
1545 (2)
1546 (c) It is grand theft of the third degree and a felony of
1547 the third degree, punishable as provided in s. 775.082, s.
1548 775.083, or s. 775.084, if the property stolen is:
1549 1. Valued at $750 or more, but less than $5,000.
1550 2. Valued at $5,000 or more, but less than $10,000.
1551 3. Valued at $10,000 or more, but less than $20,000.
1552 4. A will, codicil, or other testamentary instrument.
1553 5. A firearm, except as provided in paragraph (f).
1554 6. A motor vehicle, except as provided in paragraph (a).
1555 7. Any commercially farmed animal, including any animal of
1556 the equine, avian, bovine, or swine class or other grazing
1557 animal; a bee colony of a registered beekeeper; and aquaculture
1558 species raised at a certified aquaculture facility. If the
1559 property stolen is a commercially farmed animal, including an
1560 animal of the equine, avian, bovine, or swine class or other
1561 grazing animal; a bee colony of a registered beekeeper; or an
1562 aquaculture species raised at a certified aquaculture facility,
1563 a $10,000 fine shall be imposed.
1564 8. Any fire extinguisher that, at the time of the taking,
1565 was installed in any building for the purpose of fire prevention
1566 and control. This subparagraph does not apply to a fire
1567 extinguisher taken from the inventory at a point-of-sale
1568 business.
1569 9. Any amount of citrus fruit consisting of 2,000 or more
1570 individual pieces of fruit.
1571 10. Taken from a designated construction site identified by
1572 the posting of a sign as provided for in s. 810.09(2)(c) s.
1573 810.09(2)(d).
1574 11. Any stop sign.
1575 12. Anhydrous ammonia.
1576 13. Any amount of a controlled substance as defined in s.
1577 893.02. Notwithstanding any other law, separate judgments and
1578 sentences for theft of a controlled substance under this
1579 subparagraph and for any applicable possession of controlled
1580 substance offense under s. 893.13 or trafficking in controlled
1581 substance offense under s. 893.135 may be imposed when all such
1582 offenses involve the same amount or amounts of a controlled
1583 substance.
1584
1585 However, if the property is stolen during a riot or an
1586 aggravated riot prohibited under s. 870.01 and the perpetration
1587 of the theft is facilitated by conditions arising from the riot;
1588 or within a county that is subject to a state of emergency
1589 declared by the Governor under chapter 252, the property is
1590 stolen after the declaration of emergency is made, and the
1591 perpetration of the theft is facilitated by conditions arising
1592 from the emergency, the offender commits a felony of the second
1593 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1594 775.084, if the property is valued at $5,000 or more, but less
1595 than $10,000, as provided under subparagraph 2., or if the
1596 property is valued at $10,000 or more, but less than $20,000, as
1597 provided under subparagraph 3. As used in this paragraph, the
1598 terms “conditions arising from a riot” and “conditions arising
1599 from the emergency” have the same meanings as provided in
1600 paragraph (b). A person arrested for committing a theft during a
1601 riot or an aggravated riot or within a county that is subject to
1602 a state of emergency may not be released until the person
1603 appears before a committing magistrate at a first appearance
1604 hearing. For purposes of sentencing under chapter 921, a felony
1605 offense that is reclassified under this paragraph is ranked one
1606 level above the ranking under s. 921.0022 or s. 921.0023 of the
1607 offense committed.
1608 Section 44. Paragraphs (b) and (c) of subsection (3) of
1609 section 921.0022, Florida Statutes, are amended to read:
1610 921.0022 Criminal Punishment Code; offense severity ranking
1611 chart.—
1612 (3) OFFENSE SEVERITY RANKING CHART
1613 (b) LEVEL 2
1614
1615 FloridaStatute FelonyDegree Description
1616 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
1617 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
1618 403.413(6)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
1619 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
1620 590.28(1) 3rd Intentional burning of lands.
1621 784.03(3) 3rd Battery during a riot or an aggravated riot.
1622 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
1623 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
1624 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
1625 806.13(3) 3rd Criminal mischief; damage of $200 or more to a memorial or historic property.
1626 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
1627 810.09(2)(d) 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
1628 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 or more but less than $5,000.
1629 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed curtilage of dwelling.
1630 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
1631 817.234(1)(a)2. 3rd False statement in support of insurance claim.
1632 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
1633 817.52(3) 3rd Failure to redeliver hired vehicle.
1634 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
1635 817.60(5) 3rd Dealing in credit cards of another.
1636 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
1637 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
1638 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
1639 831.01 3rd Forgery.
1640 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
1641 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
1642 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
1643 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
1644 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
1645 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
1646 843.01(2) 3rd Resist police canine or police horse with violence; under certain circumstances.
1647 843.08 3rd False personation.
1648 843.19(3) 3rd Touch or strike police, fire, SAR canine or police horse.
1649 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.
1650 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
1651
1652 (c) LEVEL 3
1653
1654 FloridaStatute FelonyDegree Description
1655 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
1656 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
1657 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
1658 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
1659 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
1660 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
1661 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
1662 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
1663 327.35(2)(b) 3rd Felony BUI.
1664 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
1665 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
1666 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
1667 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
1668 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
1669 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
1670 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
1671 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
1672 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
1673 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
1674 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
1675 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
1676 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
1677 697.08 3rd Equity skimming.
1678 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
1679 794.053 3rd Lewd or lascivious written solicitation of a person 16 or 17 years of age by a person 24 years of age or older.
1680 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
1681 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
1682 810.09(2)(b) 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
1683 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
1684 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
1685 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
1686 812.081(2) 3rd Theft of a trade secret.
1687 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
1688 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
1689 817.233 3rd Burning to defraud insurer.
1690 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
1691 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
1692 817.236 3rd Filing a false motor vehicle insurance application.
1693 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
1694 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
1695 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
1696 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
1697 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
1698 836.13(2) 3rd Person who promotes an altered sexual depiction of an identifiable person without consent.
1699 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
1700 860.15(3) 3rd Overcharging for repairs and parts.
1701 870.01(2) 3rd Riot.
1702 870.01(4) 3rd Inciting a riot.
1703 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
1704 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
1705 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
1706 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
1707 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
1708 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
1709 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
1710 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
1711 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
1712 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
1713 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
1714 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
1715 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
1716 918.13(1) 3rd Tampering with or fabricating physical evidence.
1717 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
1718 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
1719 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
1720
1721 Section 45. For the purpose of incorporating the amendment
1722 made by this act to section 493.6113, Florida Statutes, in a
1723 reference thereto, subsection (6) of section 493.6115, Florida
1724 Statutes, is reenacted to read:
1725 493.6115 Weapons and firearms.—
1726 (6) In addition to any other firearm approved by the
1727 department, a licensee who has been issued a Class “G” license
1728 may carry a .38 caliber revolver; or a .380 caliber or 9
1729 millimeter semiautomatic pistol; or a .357 caliber revolver with
1730 .38 caliber ammunition only; or a .40 caliber handgun; or a .45
1731 ACP handgun while performing duties authorized under this
1732 chapter. A licensee may not carry more than two firearms upon
1733 her or his person when performing her or his duties. A licensee
1734 may only carry a firearm of the specific type and caliber with
1735 which she or he is qualified pursuant to the firearms training
1736 referenced in subsection (8) or s. 493.6113(3)(b).
1737 Section 46. For the purpose of incorporating the amendment
1738 made by this act to section 496.405, Florida Statutes, in
1739 references thereto, subsection (2) of section 496.4055, Florida
1740 Statutes, is reenacted to read:
1741 496.4055 Charitable organization or sponsor board duties.—
1742 (2) The board of directors, or an authorized committee
1743 thereof, of a charitable organization or sponsor required to
1744 register with the department under s. 496.405 shall adopt a
1745 policy regarding conflict of interest transactions. The policy
1746 shall require annual certification of compliance with the policy
1747 by all directors, officers, and trustees of the charitable
1748 organization. A copy of the annual certification shall be
1749 submitted to the department with the annual registration
1750 statement required by s. 496.405.
1751 Section 47. For the purpose of incorporating the amendment
1752 made by this act to section 559.905, Florida Statutes, in a
1753 reference thereto, paragraph (b) of subsection (1) of section
1754 559.907, Florida Statutes, is reenacted to read:
1755 559.907 Charges for motor vehicle repair estimate;
1756 requirement of waiver of rights prohibited.—
1757 (1) No motor vehicle repair shop shall charge for making a
1758 repair price estimate unless, prior to making the price
1759 estimate, the shop:
1760 (b) Obtains authorization on the written repair estimate,
1761 in accordance with s. 559.905, to prepare an estimate. No motor
1762 vehicle repair shop shall impose or threaten to impose any such
1763 charge which is clearly excessive in relation to the work
1764 involved in making the price estimate.
1765 Section 48. For the purpose of incorporating the amendment
1766 made by this act to section 585.01, Florida Statutes, in a
1767 reference thereto, subsection (6) of section 468.382, Florida
1768 Statutes, is reenacted to read:
1769 468.382 Definitions.—As used in this act, the term:
1770 (6) “Livestock” means any animal included in the definition
1771 of “livestock” by s. 585.01 or s. 588.13.
1772 Section 49. For the purpose of incorporating the amendment
1773 made by this act to section 585.01, Florida Statutes, in a
1774 reference thereto, subsection (3) of section 534.47, Florida
1775 Statutes, is reenacted to read:
1776 534.47 Definitions.—As used in ss. 534.48-534.54, the term:
1777 (3) “Livestock” has the same meaning as in s. 585.01(13).
1778 Section 50. For the purpose of incorporating the amendment
1779 made by this act to section 585.01, Florida Statutes, in a
1780 reference thereto, section 767.01, Florida Statutes, is
1781 reenacted to read:
1782 767.01 Dog owner’s liability for damages to persons,
1783 domestic animals, or livestock.—Owners of dogs shall be liable
1784 for any damage done by their dogs to a person or to any animal
1785 included in the definitions of “domestic animal” and “livestock”
1786 as provided by s. 585.01.
1787 Section 51. For the purpose of incorporating the amendment
1788 made by this act to section 585.01, Florida Statutes, in a
1789 reference thereto, section 767.03, Florida Statutes, is
1790 reenacted to read:
1791 767.03 Good defense for killing dog.—In any action for
1792 damages or of a criminal prosecution against any person for
1793 killing or injuring a dog, satisfactory proof that said dog had
1794 been or was killing any animal included in the definitions of
1795 “domestic animal” and “livestock” as provided by s. 585.01 shall
1796 constitute a good defense to either of such actions.
1797 Section 52. Except as otherwise expressly provided in this
1798 act and except for this section, which shall take effect upon
1799 this act becoming a law, this act shall take effect July 1,
1800 2024.
1801
1802 ================= T I T L E A M E N D M E N T ================
1803 And the title is amended as follows:
1804 Delete everything before the enacting clause
1805 and insert:
1806 A bill to be entitled
1807 An act relating to the Department of Agriculture and
1808 Consumer Services; amending s. 253.0341, F.S.;
1809 requiring the Acquisition and Restoration Council to
1810 determine whether certain lands are within a Florida
1811 wildlife corridor opportunity area; prohibiting local
1812 governmental entities from transferring future
1813 development rights for such lands; authorizing the
1814 Department of Environmental Protection to surplus
1815 certain lands within the Florida wildlife corridor;
1816 requiring the department to retain certain easements
1817 and deposit certain proceeds into the Department of
1818 Agriculture and Consumer Services’ Incidental Trust
1819 Fund for a specified purpose; requiring the Department
1820 of Environmental Protection to provide an annual
1821 report of surplused conservation lands to the Board of
1822 Trustees of the Internal Improvement Trust Fund by a
1823 specified date; amending s. 366.94, F.S.; preempting
1824 the regulation of electric vehicle charging stations
1825 to the state; prohibiting local governmental entities
1826 from enacting or enforcing such regulations; amending
1827 s. 373.089, F.S.; requiring certain documentation by
1828 water management districts for surplus lands;
1829 prohibiting future development rights from being
1830 attached to such lands; amending ss. 482.111, 482.151,
1831 and 482.155, F.S.; providing that a pest control
1832 operator’s certificate, a special identification card,
1833 and certain limited certifications for pesticide
1834 applicators, respectively, expire a specified length
1835 of time after issuance; revising renewal requirements
1836 for such certificates and cards; amending s. 482.156,
1837 F.S.; revising the tasks, pesticides, and equipment
1838 that individual commercial landscape maintenance
1839 personnel with limited certifications may perform and
1840 use; revising the initial and renewal certification
1841 requirements for such personnel; amending s. 482.157,
1842 F.S.; providing that a limited certification for
1843 commercial wildlife management personnel expires a
1844 specified length of time after issuance; revising
1845 renewal certification requirements for such personnel;
1846 amending s. 482.161, F.S.; authorizing the department
1847 to take disciplinary action against a person who
1848 swears to or affirms a false statement on certain
1849 applications, cheats on a required examination, or
1850 violates certain procedures under certain
1851 circumstances; amending s. 482.191, F.S.; providing
1852 penalties for a person who swears to or affirms a
1853 false statement on certain applications; providing
1854 that cheating on certain examinations or violating
1855 certain examination procedures voids an examinee’s
1856 exam attempt; authorizing the department to adopt
1857 rules establishing penalties for such a violation;
1858 authorizing the department to exercise discretion in
1859 assessing penalties in certain circumstances; amending
1860 s. 482.226, F.S.; requiring pest control licensees to
1861 provide property owners or their agents with a signed
1862 report that meets certain requirements after each
1863 inspection; amending s. 487.031, F.S.; prohibiting a
1864 person from swearing to or affirming a false statement
1865 on certain pesticide applicator license applications,
1866 cheating on a required examination, or violating
1867 certain procedures; making technical changes; amending
1868 s. 487.175, F.S.; providing penalties for a person who
1869 swears to or affirms a false statement on certain
1870 applications; providing that cheating on certain
1871 examinations or violating certain examination
1872 procedures voids an examinee’s exam attempt; requiring
1873 the department to adopt rules establishing penalties
1874 for such a violation; authorizing the department to
1875 exercise discretion in assessing penalties in certain
1876 circumstances; amending s. 493.6113, F.S.; authorizing
1877 Class “G” licensees to qualify for multiple calibers
1878 of firearms in one requalification class under certain
1879 circumstances; creating s. 493.6127, F.S.; authorizing
1880 the department to appoint tax collectors to accept
1881 new, renewal, and replacement license applications
1882 under certain circumstances; requiring the department
1883 to establish by rule the types of licenses the tax
1884 collectors may accept; providing an application
1885 process for tax collectors who wish to perform such
1886 functions; providing that certain confidential
1887 information contained in the records of an appointed
1888 tax collector retains its confidentiality; prohibiting
1889 any person not appointed to do so from accepting an
1890 application for a license for a fee or compensation;
1891 authorizing tax collectors to collect and retain
1892 certain convenience fees; requiring the tax collectors
1893 to remit certain fees to the department for deposit in
1894 the Division of Licensing Trust Fund; providing
1895 penalties; amending s. 496.404, F.S.; defining the
1896 term “street address”; amending s. 496.405, F.S.;
1897 revising the information that charitable organizations
1898 and sponsors must provide to the department in an
1899 initial registration statement; deleting certain fees;
1900 amending s. 496.406, F.S.; revising the circumstances
1901 under which charitable organizations or sponsors are
1902 exempt from specified provisions; revising the
1903 information that charitable organizations and sponsors
1904 must provide to the department when claiming certain
1905 exemptions; amending s. 496.407, F.S.; revising the
1906 information charitable organizations or sponsors are
1907 required to provide to the department when initially
1908 registering or annually renewing a registration;
1909 revising circumstances under which the department may
1910 extend the time for filing a required final statement;
1911 amending ss. 496.409, 496.410, 496.4101, 496.411,
1912 496.4121, and 496.425, F.S.; revising the information
1913 that professional fundraising consultants must include
1914 in applications for registration or renewals of
1915 registration, that professional solicitors must
1916 include in applications for registration, renewals of
1917 registration, and solicitation notices provided to the
1918 department, that professional solicitors are required
1919 to maintain in their records, that must be included in
1920 certain solicitor license applications, that
1921 disclosures of charitable organizations or sponsors
1922 soliciting in this state must include, that must be
1923 displayed on certain collection receptacles, and that
1924 a person desiring to solicit funds within a facility
1925 must provide in an application to the department and
1926 must display prominently on his or her badge or
1927 insignia, respectively, to include street addresses;
1928 amending s. 500.03, F.S.; defining the term
1929 “cultivated meat”; creating s. 500.452, F.S.;
1930 prohibiting the manufacture, sale, holding or offering
1931 for sale, or distribution of cultivated meat in this
1932 state; providing criminal penalties; providing for
1933 disciplinary action and additional licensing
1934 penalties; providing that such products are subject to
1935 certain actions and orders; authorizing the department
1936 to adopt rules; amending s. 507.07, F.S.; prohibiting
1937 a mover from placing a shipper’s goods in a self
1938 service storage unit or self-contained unit not owned
1939 by the mover unless certain conditions are met;
1940 repealing s. 531.67, F.S., relating to the scheduled
1941 expiration of certain provisions related to weights,
1942 measurements, and standards; amending s. 559.904,
1943 F.S.; revising the information that must be provided
1944 to the department on a motor vehicle repair shop
1945 registration application; providing that the
1946 registration fee must be calculated for each location;
1947 amending s. 559.905, F.S.; revising the cost of repair
1948 work which requires a motor vehicle repair shop to
1949 provide a customer with a written repair estimate;
1950 amending s. 570.07, F.S.; revising the amount up to
1951 which the department is authorized to use to repair or
1952 build structures; amending s. 570.69, F.S.; defining
1953 the term “center”; deleting the definition of the term
1954 “museum”; amending s. 570.691, F.S.; conforming
1955 provisions to changes made by the act; amending s.
1956 570.692, F.S.; renaming the Florida Agricultural
1957 Museum as the Florida Agricultural Legacy Learning
1958 Center; creating s. 581.189, F.S.; defining terms;
1959 prohibiting the willful destruction, harvest, or sale
1960 of saw palmetto berries without first obtaining
1961 written permission from the landowner or legal
1962 representative and a permit from the department;
1963 specifying the information that the landowner’s
1964 written permission must include; requiring an
1965 authorized saw palmetto berry dealer to maintain
1966 certain information for a specified timeframe;
1967 authorizing law enforcement officers or authorized
1968 employees of the department to seize or order to be
1969 held for a specified timeframe saw palmetto berries
1970 harvested, sold, or exposed for sale in violation of
1971 specified provisions; declaring that unlawfully
1972 harvested saw palmetto berries constitute contraband
1973 and are subject to seizure and disposal; authorizing
1974 law enforcement agencies that seize such saw palmetto
1975 berries to sell the berries and retain the proceeds to
1976 implement certain provisions; providing that such law
1977 enforcement agencies are exempt from certain
1978 provisions; requiring the law enforcement agencies to
1979 submit certain information annually to the department;
1980 providing criminal penalties; providing that
1981 individuals convicted of such violations are
1982 responsible for specified costs; defining the term
1983 “convicted”; providing construction; requiring the
1984 department to adopt rules; amending s. 585.01, F.S.;
1985 revising the definition of the term “livestock” to
1986 include poultry; amending s. 790.0625, F.S.;
1987 authorizing certain tax collectors to collect and
1988 retain certain convenience fees for certain concealed
1989 weapon or firearm license applications; authorizing
1990 such tax collectors to print and deliver replacement
1991 licenses to licensees under certain circumstances;
1992 authorizing such tax collectors to provide
1993 fingerprinting and photography services; amending s.
1994 810.011, F.S.; revising the definition of the term
1995 “posted land” to include land classified as
1996 agricultural which has specified signs placed at
1997 specified points; amending s. 810.09, F.S.; providing
1998 criminal penalties for trespassing with the intent to
1999 commit a crime on commercial agricultural property
2000 under certain circumstances; defining the term
2001 “commercial agricultural property”; amending s.
2002 1003.24, F.S.; providing that a student’s
2003 participation in a 4-H or Future Farmers of America
2004 activity is an excused absence from school; defining
2005 the term “4-H representative”; amending ss. 379.3004,
2006 812.014, and 921.0022, F.S.; conforming cross
2007 references; reenacting s. 493.6115(6), F.S., relating
2008 to weapons and firearms, to incorporate the amendment
2009 made to s. 493.6113, F.S., in a reference thereto;
2010 reenacting s. 496.4055(2), F.S., relating to
2011 charitable organization or sponsor board duties, to
2012 incorporate the amendment made to s. 496.405, F.S., in
2013 references thereto; reenacting s. 559.907(1)(b), F.S.,
2014 relating to the charges for motor vehicle repair
2015 estimates, to incorporate the amendment made to s.
2016 559.905, F.S., in a reference thereto; reenacting ss.
2017 468.382(6), 534.47(3), 767.01, and 767.03, F.S.,
2018 relating to the definition of the term “livestock” for
2019 auctions, livestock markets, dog owner’s liability for
2020 damages to livestock, and defenses for killing dogs,
2021 respectively, to incorporate the amendment made to s.
2022 585.01, F.S., in references thereto; providing
2023 effective dates.